This is a requirement that the categorical analysis be applied.  In Leocal v. Ashcroft,[175] the Supreme Court reaffirmed the necessity to analyze the elements of the offense of conviction, rather than to look to the facts of the underlying conduct involved:  “This language requires us to look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to petitioner’s crime.”[176]  See § § 4.2-4.7, supra.

 

[175] Leocal v. Ashcroft, 543 U.S. 1, 125 S.Ct. 377 (Nov. 9, 2004).

[176] Id. at 381.

Ninth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - INTERFERENCE WITH LAW ENFORCEMENT
Estrada-Rodriguez v. Mukasey, __ F.3d __, 2007 WL 4554053 (9th Cir. Dec. 28, 2007) (Arizona conviction for resisting arrest, in violation of Arizona Revised Statutes 13-2508 categorically constitutes an aggravated felony crime of violence for immigration purposes, since the first subsection of that statute requires the element of use of force, and the second subsection requires a substantial risk that force will be used in the commission of the offense, mirroring 18 U.S.C. 16(a) and (b) respectively).

NOTE: The Court here looked to Arizona state law to determine that neither nonviolent refusal to submit, nor flight from an officer were offenses included under the Arizona statute.