Penuliar v. Ashcroft, 395 F.3d
1037 (9th Cir. Jan. 12, 2005) (California conviction of evading
an officer, in violation of Vehicle Code § 2800.2(a), was
not a crime of violence, within the meaning of INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), because the statute and charge
were both overbroad with respect to the aggravated felony
definition of a crime of violence by encompassing merely negligent
conduct).
jurisdiction:
Third Circuit