Aggravated Felonies

(B)  Minimum Conduct Rule.  The conviction does not constitute an aggravated felony if it is possible to imagine any course of conduct that would violate the statutory elements of the statute of conviction, yet not fit within the pertinent aggravated felony category.  See § 4.7, infra.  For example, if the offense requires, as an essential element, the infliction of an injury, but does not in so many words require that the injury must be inflicted by the defendant’s use of force, the conviction does not constitute a “crime of violence” aggravated felony.[51]

[51] Matter of Sweetser, 22 I. & N. Dec. 709 (BIA 1999).