Uppal v. Holder, 576 F.3d 1014 (9th Cir. Aug. 11, 2009) (Canadian conviction of aggravated assault, in violation of Criminal Code of Canada 268(2) ("wounds, maims, disfigures, or endangers the life of" another), constituted a crime of moral turpitude, since the mens rea for assault is the intent to apply force intentionally or recklessly or being willfully blind to the fact that the victim does not consent) plus objective foresight of the risk of bodily harm), applying Matter of Solon, 24 I. & N. Dec. 239, 242 (BIA 2007) ("[I]n the context of assault crimes, a finding of moral turpitude involves an assessment of both the state of mind and the level of harm required to complete the offense.").
jurisdiction:
Ninth Circuit