Section 16(a) of Title 18, United States Code, requires that the offense have  “as an element the use, attempted use, or threatened use of physical force . . . .”[116]

[116] 18 U.S.C. § 16(a) (emphasis supplied).

AGGRAVATED FELONY - CRIME OF VIOLENCE
United States v. Mosley, 575 F.3d 603 (6th Cir. Jul. 23, 2009) (Michigan conviction of resisting and obstructing a police officer, under Mich. Comp. Laws 750.81d(1) ("assaults, batters, wounds, resists, obstructs, opposes, or endangers a person whom the individual knows or has reason to know is performing his or her duties."), is not a crime of violence for purposes of the Armed Career Criminal Act, since obstructing does not contain an element of force or create a substantial risk that force will be used in committing the offense).

First Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - ASSAULT - VEHICULAR
United States v. Earle, 488 F.3d 537 (1st Cir. Jun. 6, 2007) (Massachusetts conviction of assault and battery with a dangerous weapon, a motor vehicle, in violation of Mass. Gen. Laws ch. 265, 15A(b), constituted a crime of violence, for illegal re-entry sentencing purposes, since the elements of the statute require the use of force against the person of another).

Second Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - POSSESSION OF A WEAPON
United States v. Gamez, 577 F.3d 394 (2d Cir. Aug. 20, 2009) (New York conviction for violation of Penal Law 265.03, second degree possession of a weapon, is not a crime of violence for illegal re-entry sentencing purposes).

Third Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - SIMPLE ASSAULT
United States v. Otero, __ F.3d __ 2007 WL 2610412 (3d Cir. Sept. 12, 2007) (Pennsylvania conviction of simple assault, in violation of 18 Pa. Cons.Stat. Ann. 2701(a) (2003), is not necessarily a crime of violence for illegal re-entry sentencing purposes since the offense does not necessarily require proof of the use of force when causing "bodily injury."), applying reasoning of Popal v. Gonzales, 416 F.3d 249, 254 (3d Cir. 2005) (same statute is not necessarily an aggravated felony crime of violence) to the sentencing context.

Fifth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE
United States v. Williams, 610 F.3d 271 (5th Cir. Jun. 24, 2010) (leaving aliens locked in truck trailer without air conditioning did not establish intent required for "act of violence" sufficient to warrant imposition of life sentence for death of immigrants, since act did not involve use of force).

AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - SEXUAL ASSAULT OF A CHILD
United States v. Castro-Guevarra, 575 F.3d 550 (5th Cir. Jul. 13, 2009) (Texas conviction for sexual assault of a child younger than 17 years of age, in violation of Penal Code 22.011(a)(2)(A), (c)(1), constituted a conviction for sexual abuse of a minor, and thus a crime of violence for illegal re-entry sentencing purposes); accord, United States v. Martinez-Vega, 471 F.3d 559, 562 (5th Cir. 2006) (Tex. Penal Code 22.011(a)(2) falls within the U.S.S.G. 2L1.2(b)(1)(A)(ii) enhancement as the enumerated offense of sexual abuse of a minor); United States v. Ayala, 542 F.3d 494 (5th Cir. 2008) (Texas conviction of indecency with a "child" in which a "child" is under 17 years old constitutes sexual abuse of a minor under U.S.S.G 2L1.2 cmt. n.1(B)(iii)); United States v. Zavala-Sustaita, 214 F.3d 601, 604 (5th Cir. 2000); United States v. Najera-Najera, 519 F.3d 509, 511 (5th Cir. 2008).

AGGRAVATED FELONY - CRIME OF VIOLENCE - ASSAULT WITH DEADLY WEAPON
United States v. Dominguez, __ F.3d __, 2007 WL 441885 (5th Cir. Feb. 12, 2007) (Florida conviction for assault with a deadly weapon, in violation of Florida Statutes 784.045(1)(a), is a crime of violence for illegal re-entry sentencing purposes; although under that statute, an aggravated battery could be committed by merely touching someone with a deadly weapon without the use of force, such touching created a sufficient threat of force to qualify as a crime of violence).

AGGRAVATED FELONY - CRIME OF VIOLENCE - USE OF FORCE
United States v. Villegas-Hernandez, __ F.3d __, 2006 WL 3072558 (5th Cir. Oct. 31, 2006) (Texas conviction for violation of Penal Code 22.01(a), assault, is not an aggravated felony crime of violence for illegal re-entry sentencing purposes since the statute may be violated without the perpetrator using force against the victim).
http://caselaw.lp.findlaw.com/data2/circs/5th/0540988cr0p.pdf

AGGRAVATED FELONY - CRIME OF VIOLENCE - TEXAS DEADLY CONDUCT
United States v. Hernandez-Rodriguez, ___ F.3d ___ (5th Cir. Oct. 10, 2006) (Texas conviction of "deadly conduct," as defined in Tex. Penal Code 22.05(b)(1) [knowingly discharge a firearm in the direction of a person] constitutes a crime of violence for purposes of imposing a 16-level sentence enhancement under U.S.S.G. 2L1.2(b), because the offense has an element the threatened use of physical force).
http://caselaw.lp.findlaw.com/data2/circs/5th/0551429cr0p.pdf

Seventh Circuit

AGGRAVATED FELONY " CRIMES OF VIOLENCE " COMMITTING FELONY WHILE ARMED
Brown v. Rios, 696 F.3d 638, *644 (No. 11-1695) (7th Cir. Aug. 20, 2012) (armed violence, defined as "committing any felony defined by Illinois Law while armed," did not qualify as a Violent Felony when the underlying felony consisted of simple possession of drugs; while there is evidence of a connection between Congresss attempt to keep firearms away from habitual drug users and its goal of reducing violent crime, United States v. Yancey, 621 F.3d 681, 686 (7th Cir. 2010), it has not been shown that the mere possession of a gun by a drug user . . . can be described as purposeful, violent, or aggressive conduct within the meaning of Begay.).

AGGRAVATED FELONY " CRIME OF VIOLENCE " AGGRAVATED BATTERY
United States v. Aviles-Solarzano, 623 F.3d 470, 472-473 (7th Cir. Oct. 13, 2010) (Illinois conviction of aggravated battery, under 720 ILCS 5/12-4(b), is not categorically a crime of violence, within the meaning of U.S.S.G. 2L1.2(b)(1)(A)(ii), since Illinois aggravated battery may include non-violent offenses, such as spitting on another person while standing on a sidewalk).

Eighth Circuit

DOMESTIC VIOLENCE " ASSAULT " CRIME OF VIOLENCE
Ramirez-Barajas v. Sessions, 877 F.3d 808 (8th Cir. Dec. 15, 2017), cert. denied sub nom. Ramirez-Barajas v. Whitaker, 139 S. Ct. 584, 202 L. Ed. 2d 402 (2018) (Minnesota conviction for domestic assault, in violation of Minn. Stat. 609.2242(1)(1), is a crime of domestic violence for immigration purposes, even though the statute would include harm by poisoning).

DOMESTIC VIOLENCE " ASSAULT " CRIME OF VIOLENCE
Ramirez-Barajas v. Sessions, 877 F.3d 808 (8th Cir. Dec. 15, 2017), cert. denied sub nom. Ramirez-Barajas v. Whitaker, 139 S. Ct. 584, 202 L. Ed. 2d 402 (2018) (Minnesota conviction for domestic assault, in violation of Minn. Stat. 609.2242(1)(1), is a crime of domestic violence for immigration purposes, even though the statute would include harm by poisoning).

AGGRAVATED FELONY " CRIME OF VIOLENCE " THIRD-DEGREE ASSAULT
Roberts v. Holder, 745 F.3d 928 (8th Cir. Mar. 20, 2014) (Minnesota conviction for third-degree assault, under Minn.Stat. 609.223 subd. 1, 609.02 subd. 10. [assault of another, (2) that inflicts substantial bodily harm. Minn.Stat. 609.223 subd. 1. Assault is defined as (1) an act done with intent to cause fear in another of immediate bodily harm or death; or (2) the intentional infliction of or attempt to inflict bodily harm upon another.], constituted a crime of violence aggravated felony, because the ordinary case of third-degree assault involve[s] the intentional use of physical force against another, so it has as an element the use, attempted use, or threatened use of physical force); quoting United States v. Salean, 583 F.3d 1059, 1060 (8th Cir.2009) (Minnesota conviction of fourth-degree assault constituted violent felony within the ACCA based on a virtually identical definition).

Ninth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " HARASSMENT
United States v. Werle, 877 F.3d 879 (9th Cir. Dec. 13, 2017) (Washington conviction of felony harassment, in violation of R.C.W. 9A.46.020(2)(b)(ii) [knowingly threaten to kill], is a crime of violence for illegal reentry sentencing purposes, even if the threat could be for an indeterminate time in the future and even if it may include a threat to use poison).

AGGRAVATED FELONY " CRIME OF VIOLENCE " HARASSMENT
United States v. Werle, 877 F.3d 879 (9th Cir. Dec. 13, 2017) (Washington conviction of felony harassment, in violation of R.C.W. 9A.46.020(2)(b)(ii) [knowingly threaten to kill], is a crime of violence for illegal reentry sentencing purposes, even if the threat could be for an indeterminate time in the future and even if it may include a threat to use poison).

AGGRAVATED FELONY " CRIME OF VIOLENCE " ASSAULT WITH A DEADLY WEAPON
United States v. Jimenez-Arzate, 553 Fed.Appx. 700 (9th Cir. Jan. 24, 2014), panel rehearing granted, Jul. ___, 2014, ___ F.3d ___ (9th Cir. 2014) (California conviction for assault with a deadly weapon, in violation of Penal Code 245(a), is an aggravated felony crime of violence), rehearing granted since this conviction may no longer be a categorical match for the aggravated felony crime of violence definition, in light of the recent Ninth Circuit en banc decision in Ceron v. Holder, 747 F.3d 773 (9th Cir. Mar. 31, 2014). Thanks to Kara Hartzler.

AGGRAVATED FELONY " CRIME OF VIOLENCE " ASSAULT ON OFFICER
United States v. Dominguez-Maroyoqui, 748 F.3d 918 (9th Cir. Apr. 7, 2014) (federal conviction for assaulting a federal officer, in violation of 18 U.S.C. 111(a), is not categorically a crime of violence for illegal re-entry sentencing purposes, since the offense does not require, as an element, proof that defendant used, attempted to use, or threatened to use physical force).

AGGRAVATED FELONY " CRIME OF VIOLENCE " FORCIBLE RAPE
United States v. Ruiz-Apolonio, 657 F.3d 907 (9th Cir. Sept. 14, 2011) (California conviction of forcible rape, under Penal Code 261(a)(2), is categorically a "crime of violence" as defined by the Sentencing Guidelines).

AGGRAVATED FELONY " CRIME OF VIOLENCE " ASSAULT WITH A DEADLY WEAPON
Camacho-Cruz v. Holder, 621 F.3d 941 (9th Cir. Sept. 2, 2010) (Nevada conviction of assault with a deadly weapon, under N.R.S. 200.471, which may be violated by putting another in reasonable apprehension of immediate bodily harm, is categorically an aggravated felony crime of violence for immigration purposes).

AGGRAVATED FELONY " CRIME OF VIOLENCE " MENACING
United States v. Melchor-Meceno, 620 F.3d 1180 (9th Cir. Sept. 1, 2010) (Colorado felony conviction of menacing, under C.R.S. 18-3-206, categorically constituted a crime of violence for illegal re-entry sentencing purposes, since it involves a threat of imminent serious bodily injury).

AGGRAVATED FELONY - CRIME OF VIOLENCE - THREATS
United States v. Villavicencio-Burruel, 608 F.3d 556 (9th Cir. Jun. 14, 2010) (California conviction for violation of Penal Code 422, criminal threats, is categorically a "crime of violence" for illegal re-entry sentencing purposes).

AGGRAVATED FELONY - CRIME OF VIOLENCE - ASSAULT WITH A DEADLY WEAPON - REQUIREMENT OF SUFFICIENT FORCE
United States v. Grajeda, 581 F.3d 1186 (9th Cir. Sept. 21, 2009) (California conviction of assault with a deadly weapon or by means likely to produce great bodily injury, under Penal Code 245(a)(1), categorically constituted a "crime of violence" for purposes of application of a sixteen-level enhancement to the base offense level under the "element" prong of U.S.S.G. 2L1.2(b)(1)(A)(ii), to a sentence for illegal reentry after deportation, since the offense requires sufficient violence because "even the least touching with a deadly weapon or instrument is violent in nature"); accord, United States v. Treto-Martinez, 421 F.3d 1156, 1160 (10th Cir. 2005) (holding that a person who touches another with a deadly weapon in a rude, insulting, or angry manner has threatened use of physical force for purposes of the sentencing enhancement); United States v. Dominguez, 479 F.3d 345, 348-49 (5th Cir. 2007) (holding that the touching of an individual with a deadly weapon creates a sufficient threat of force to qualify as a COV).

AGGRAVATED FELONY - CRIME OF VIOLENCE - ASSAULT WITH A FIREARM
United States v. Heron-Salinas, 566 F.3d 898 (9th Cir. May 20, 2009) (per curiam) (California conviction of assault with a firearm, under Penal Code 245(a)(2), constituted a crime of violence as defined in 18 U.S.C. 16, for immigration purposes: "The use of a firearm in the commission of the crime is enough to demonstrate that actual force was attempted or threatened under section 16(a). Similarly, one who assaults another by means of a firearm necessarily disregards the substantial risk that in the course of committing the offense he might intentionally use actual physical force against the victim under section 16(b)."); following Ortiz-Magana v. Mukasey, 542 F.3d 653, 654 (9th Cir.2008) (California conviction of aiding and abetting assault with a deadly weapon in violation of Penal Code 245(a)(1) is categorically a crime of violence under 18 U.S.C. 16); Ocampo-Duran v. Ashcroft, 254 F.3d 1133, 1134-35 (9th Cir.2001) (California conviction of aiding and abetting assault with a deadly weapon in violation of Penal Code 245(a)(1), is an aggravated felon under 8 U.S.C. 1101(a)(43)(F)).

AGGRAVATED FELONY - CRIME OF VIOLENCE - ESCAPE
United States v. Savage, 488 F.3d 1232, (9th Cir. Jun. 12, 2007) (Montana conviction of escape, in violation of Montana Code Annotated 45-7-306(2) (escape includes purposeful "fail[ure] to return to official detention following temporary leave granted for a specific purpose or limited time" as well as "knowingly or purposely elud[ing] official detention."), does not categorically constitute a crime of violence because it does "not differentiate between violent and non-violent escapes" and includes escapes from facilities that "run [ ] the gamut from maximum-security facilities to non-secure halfway houses."), quoting United States v. Piccolo, 441 F.3d 1084, 1088 (9th Cir. 2006).

Lower Courts of Ninth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " ESCAPE FROM CUSTODY
United States v. Simmons, 782 F.3d 510 (9th Cir. Apr. 3, 2015) (Hawaii conviction of second-degree escape from custody, in violation of Hawaii Revised Statutes 710"1021, did not categorically constitute a crime of violence, under U.S. Sentencing Guidelines (Sentencing Guidelines or U.S.S.G.) 4B1.1(a), because it includes both active and passive forms of escape); see Chambers v. United States, 555 U.S. 122, 126"27, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009).

Tenth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " MENACING
Damaso-Mendoza v. Holder, 653 F.3d 1245 (10th Cir. Aug. 9, 2011) (Colorado conviction for menacing, under Colo.Rev.Stat. 18"3"206 [by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury], is categorically an aggravated felony crime of violence since it involves a threat of physical force).

AGGRAVATED FELONY - CRIME OF VIOLENCE
United States v. Rodriguez-Enriquez, 518 F.3d 1191 (10th Cir. Mar. 10, 2008) (Colorado conviction for assault two (drugging a victim), in violation of Colo.Rev.Stat. Ann. 18-3-203(1)(e) (2001), is not a crime of violence for illegal re-entry sentencing purposes, since drugging by surreptitious means does not involve the use of physical force).

Other

AGGRAVATED FELONY - CRIME OF VIOLENCE
Attorney General Opinion, Opinions from Office of Legal Counsel, Vol. 31, May 17, 2007 ("A "misdemeanor crime of domestic violence" under 18 U.S.C. 922(g)(9) is limited to those offenses of which the use or attempted use of physical force or the threatened use of a deadly weapon is an element that is, a factual predicate specified by law and required to support a conviction. Where the legal definition of the crime at issue contains a disjunctive element (which requires proof of only one of multiple specified factual predicates), only one subpart of which requires the use or attempted use of physical force or the threatened use of a deadly weapon, application of the prohibition in section 922(g)(9) will turn on whether the fact finder found that the subpart meeting the "misdemeanor crime of domestic violence" definition had been proved (or whether the defendant pleaded guilty to that subpart). The answer to that question may be gleaned from the record of conviction or the supporting record of proceedings in the court of conviction. Police reports cannot answer that question. The above interpretations also govern background checks by the Federal Bureau of Investigation for firearms transfers under the National Instant Background Check System, but additional materials, including police reports, may be relied upon by the NICS for certain limited purposes.")