Matter of Vargas-Sarmiento, 23 I. &
N. Dec. 651 (BIA Feb. 5, 2004) (New York conviction of first-degree
manslaughter, in violation of Penal Law § 125.20(1) and (2),
constitutes a crime of violence and therefore an aggravated
felony for immigration purposes, under INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), because acting with intent to cause
serious physical injury or death to a person "by its
nature involves a substantial risk that physical force against
the person or property of another may be used in the course
of committing the offense," under 18 U.S.C. § 16(b));
see Chery v. Ashcroft, 347 F.3d 404 (2d Cir. Oct. 17, 2003);
Dickson v. Ashcroft, 346 F.3d 44 (2d Cir. Sept. 9, 2003);
Chrzanoski v. Ashcroft, 327 F.3d 188 (2d Cir. Apr. 22, 2003);
but see Jobson v. Ashcroft, 326 F.3d 367 (2d Cir. Apr. 22,
2003).