Aggravated Felonies

(D)  Manslaughter.  Manslaughter is usually divided into two types — voluntary and involuntary.  While voluntary manslaughter will generally be considered a crime of violence, the same arguments that were successful in arguing that DUI is not crime of violence may be applied to involuntary manslaughter.[202]

[202] See, e.g., Jobson v. Ashcroft, 326 F.3d 367 (2d Cir. Apr. 22, 2003) (New York conviction of manslaughter in the second degree, under N.Y.P.L. § 125.15(1), is a not crime of violence under 18 U.S.C. § 16(b), since the minimum criminal conduct required to violate the statute does not necessarily present a substantial risk that the defendant will intentionally use physical force against the person or property of another, because the scope of the law is broad; passive conduct or omissions alone are sufficient for conviction); Matter of Vargas-Sarmiento, 23 I. & N. Dec. 651, 654 (BIA Feb. 5, 2004) (New York conviction of first-degree manslaughter, abortion, in violation of Penal Law § 125.20(3), does not constitute a crime of violence under 18 U.S.C. § 16(b)).