United States v. Hernandez-Castellanos,
287 F.3d 876 (9th Cir. Apr. 25, 2002) (Arizona conviction
of felony endangerment in violation of A.R.S. § 13-1201 was
not categorically an aggravated felony under a crime of violence
theory under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)
for illegal re-entry enhancement purposes under U.S.S.G. §
2L1.2(b)(1)(A), because a "substantial risk of imminent
death or physical injury" as contained in the state statute
is not the same as a "substantial risk that physical
force . . . may be used," which is necessary to constitute
a "crime of violence" under 18 U.S.C. § 16(b)).

jurisdiction: 
Ninth Circuit

 

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