Aggravated Felonies
§ 5.23 4. 18 U.S.C. 16(b)
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The second part of the definition of the crime of violence aggravated felony for immigration purposes is set out at 18 U.S.C. § 16(b):
(b) any other offense that is a felony and that, 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.[166]
This part of the crime of violence definition therefore includes the following essential elements:
(1) a felony conviction of an offense, see § 5.24, infra;
(2) that by its nature, see § 5.25, infra;
(3) involves a substantial risk, see § 5.26, infra;
(4) that physical force, see § 5.27, infra;
(5) against the person or property of another, see § 5.28, infra;
(6) may be used, see § 5.29, infra;
(7) in the commission of the offense, see § 5.30, infra;
(8) with intent. See § 5.31, infra.
A conviction of an offense that lacks any of these essential elements is not an aggravated felony crime of violence as defined by 18 U.S.C. § 16(b).
[166] 18 U.S.C. § 16(b).
