The analysis of whether the offense involves the risk of sufficient physical force to be considered a crime of violence appears to be the same as for questions arising under 18 U.S.C. § 16(a).  See § 5.20, supra.

 

JUDICIAL REVIEW - REAL ID DOES NOT TRANSFER HABEAS JURISDICTION OVER NONCITIZENS CHALLENGE OF CRIMINAL CONVICTION TO COURT OF APPEALS
Sandher v. Gonzales, ___ F.3d ___ (2d Cir. March 15, 2007) (dismissing habeas petition that challenged criminal conviction, and had been transferred from district court to court of appeals under REAL ID Act of 2005 106 since section 106 does not apply to habeas petitions challenging a criminal conviction). http://caselaw.lp.findlaw.com/data2/circs/2nd/064262p.pdf

Second Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - PHYSICAL FORCE
Vargas-Sarmiento v. US Dept Of Justice, __ F.3d __ (2d Cir. May 8, 2006) ("the physical force referenced in 16(b) includes any power, violence, or pressure directed against a person or thing [W]hen a perpetrator lures a person to voluntarily enter a room, only then to lock the door behind the person, the perpetrator has intentionally used physical force to commit the crime of imprisonment."), citing Dickson v. Ashcroft, 372 F.3d 44, 50 (2d Cir. 2003).

Fifth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - INJURY TO CHILD
Perez-Munoz v. Keisler, 507 F.3d 357 (5th Cir. Nov. 6, 2007) (Texas conviction for injury of a child, in violation of Texas Penal Code 22.04(a)(3), is an aggravated felony crime of violence, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for immigration purposes).