First Circuit

KIDNAPPING - CRIME OF VIOLENCE
Choeum v. INS, 129 F.3d 29 (1st Cir. Nov. 5, 1997) (New York conviction of kidnapping was crime of violence under 18 U.S.C. § 16(a), since it had force as an element, and therefore constituted an "aggravated felony " under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F) for immigration purposes).

Fifth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - KIDNAPPING - ELEMENTS DID NOT NECESSARILY REQUIRE USE OF FORCE
United States v. Moreno-Florean, 542 F.3d 445 (5th Cir. Sept. 8, 2008) (California conviction for kidnapping, in violation of California Penal Code 207(a) is not necessarily a crime of violence for illegal re-entry sentencing purposes, since the statute can be violated without the use of physical force).

AGGRAVATED FELONY - KIDNAPPING
United States v. Cervantes-Blanco, 504 F.3d 576 (5th Cir. Oct. 12, 2007) (Colorado conviction for attempted second-degree kidnapping, in violation of C.R.S. 18-3-302(1), is not a crime of violence for illegal re-entry sentencing purposes; the generic definition of kidnapping requires (1) knowing removal or confinement, (2) substantial interference with the victim's liberty, and (3) force, threat, or fraud, while the Colorado kidnapping statute does not require a substantial interference with the victims liberty), following United States v. Iniguez-Barba, 485 F.3d 790, 791-93 (5th Cir. 2007).

AGGRAVATED FELONY - CRIME OF VIOLENCE - KIDNAPPING
United States v. Iniguez-Barba, ___ F.3d ___, 2007 WL 1207046 (5th Cir. April 25, 2007) (per curiam) (New York conviction for kidnapping in the second degree, in violation of New York Penal Law 135.20, was a "crime of violence" under U.S.S.G. 2L1.2. for purposes of 16-level enhancement of illegal reentry sentence, even though the statute does not require the kidnapping be conducted with a specific intent), following United States v. Gonzalez-Ramirez, 477 F.3d 310, 317 (5th Cir. 2007) (Tennessee conviction of "kidnapping" was a crime of violence under U.S.S.G. 2L1.2, for purposes of 16-level enhancement of illegal reentry sentence, even though the Model Penal Code requires a specific purpose for an act to be "kidnapping" - such as a desire for ransom, an intent to facilitate another felony or flight, etc. - since the generic, contemporary meaning of kidnapping does not include such a purpose).

AGGRAVATED FELONY - KIDNAPPING
United States v. Iniguez-Barba, ___ F.3d ___, 2007 WL 1207046 (5th Cir. April 25, 2007) (per curiam) (finding violation of a statute requiring as elements: (1) knowing removal or confinement; (2) substantial interference with the victim's liberty; and (3) force, threat, or fraud, or, if the victim is incompetent or under age thirteen, lack of consent from the person responsible for the general supervision of the victim's welfare, to be sufficient to qualify as "kidnapping" for purposes of meeting the "crime of violence" definition under U.S.S.G. 2L1.2; a "specific purpose" such as a desire for ransom, an intent to facilitate another felony or flight, etc. is not required). See also United States v. Gonzalez-Ramirez, 477 F.3d 310 (5th Cir.2007).

AGGRAVATED FELONY - KIDNAPPING
United States v. Gonzales-Ramirez, 477 F.3d 310 (5th Cir. Jan. 30, 2007) (Tennessee conviction for kidnapping, in violation of Tenn. Code Ann. 39-13-303 ["false imprisonment . . . (1) [u]nder circumstances exposing the other person to substantial risk of bodily injury; or (2) [w]here the confinement of another is in a condition of involuntary servitude] meets generic definition of "kidnapping," [adopting model penal code definition] for purposes of the "crime of violence" definition used in enhancing a sentence upon illegal re-entry prosecution). http://caselaw.lp.findlaw.com/data2/circs/5th/0451355cr0p.pdf

NOTE: Model Penal Code 212.1 defines kidnapping as:

unlawfully remov[ing] another from his place of residence or business, or a substantial distance from the vicinity where he is found, or . . . unlawfully confin[ing] another for a substantial period in a place of isolation, with any of the following purposes: (a) to hold for ransom or reward, or as a shield or hostage; or (b) to facilitate commission of any felony or flight thereafter; or (c) to inflict bodily injury on or to terrorize the victim or another; or (d) to interfere with the performance of any governmental or political function. . . . A removal or confinement is unlawful within the meaning of this Section if it is accomplished by force, threat or deception, or, in the case of a person who is under the age of 14 or incompetent, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of his welfare.

Sixth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " ATTEMPTED KIDNAPPING
United States v. Soto-Sanchez, 623 F.3d 317 (6th Cir. Oct. 5, 2010) (Michigan conviction of attempted kidnapping, in violation of M.C.L.A. 750.349, constituted a crime of violence under U.S.S.G. 2L1.2(b)(1)(A), for illegal re-entry sentencing purposes, since all six offenses punished by the kidnapping statute either fall within the generic, contemporary meaning of kidnapping or have an element involving the use of force).

Seventh Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - KIDNAPPING BY PARENT
United States v. Franco-Fernandez, 511 F.3d 768 (7th Cir. Jan. 2, 2008) (Illinois offense of "putative father" child abduction, in violation of 720 ILL. COMP. STAT. 5/10-5(b)(3), is neither a crime of violence nor an aggravated felony for purposes of the increased offense levels specified in U.S.S.G. 2L1.2(b)(1)(A)(ii) and (b)(1)(C) for illegal reentry after deportation).

Ninth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " KIDNAPPING
Delgado-Hernandez v. Holder, 697 F.3d 1125 (9th Cir. Oct. 9, 2012) (California conviction for attempted kidnapping under Penal Code 207(a) is categorically an aggravated felony crime of violence, because an ordinary case of kidnapping punished under the statute presents a substantial risk of force).

AGGRAVATED FELONY " CRIMES OF VIOLENCE " KIDNAPPING
United States v. Marquez-Lobos, 683 F.3d 1061 (9th Cir. Jun. 19, 2012) (Arizona conviction of kidnapping, under Arizona Revised Statute 13-1304, is affirmed where it categorically meets the generic definition of "crime of violence" in U.S.S.G. 2L1.2(b)(1)(A), for purposes of imposing a 16-level sentence enhancement for illegal reentry).

AGGRAVATED FELONY - CRIME OF VIOLENCE - KIDNAPPING
Delgado-Hernandez v. Holder, 581 F.3d 1059 (9th Cir. Sept. 9, 2009) (California conviction of kidnapping, in violation of California Penal Code 207(a), constitutes a crime of violence under 18 U.S.C. 16(b), and is thus an aggravated felony under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F); kidnapping inherently involves a direct confrontation with a victim who is forced or frightened into being moved involuntarily, which creates a substantial risk of the use of force). NOTE: This decision seems to ignore a form of kidnapping, explicit in the statute, that would not involve a risk of force: "For purposes of those types of kidnapping requiring force, the amount of force required to kidnap a resisting infant or child is the amount of physical force required to take and carry the child away a substantial distance for an illegal purpose or intent." California Penal Code 207(e).

Tenth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - KIDNAPPING
United States v. Juarez-Galvan, 572 F.3d 1156 (10th Cir. Jul. 20, 2009) (California conviction of kidnapping, in violation of Penal Code 207(a), constituted a crime of violence for illegal reentry sentencing purposes, because kidnapping is an offense enumerated under U.S.S.G. 2L1.2(b)(1)(A)(ii)).