BIA

AGGRAVATED FELONY " CRIME OF VIOLENCE " STALKING
Matter of Singh, 25 I. & N. Dec. 670 (BIA 2012) (California conviction for stalking, in violation of Penal Code 646.9(b), is an aggravated felony crime of violence, under 18 U.S.C. 16(b), for immigration purposes because when a course of conduct that is both serious and continuing in nature is coupled with a credible threat to another persons safety, there is a substantial risk that physical force may be used.), following Matter of Malta, 23 I&N Dec. 656 (BIA 2004), rev'd Malta-Espinoza v. Gonzales, 478 F.3d 1080, 1083-84 (9th Cir. 2007).

STALKING - CRIME OF VIOLENCE
Matter of Malta, 23 I. & N. Dec. 656 (BIA Mar. 11, 2004) (California conviction of stalking based on harassing conduct in violation of Penal Code § 646.9(b), which proscribes stalking when there is a temporary restraining order, injunction, or any other court order in effect prohibiting the stalking behavior, is a crime of violence under 18 U.S.C. § 16(b), and is therefore an aggravated felony under INA 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), for immigration purposes).

AGGRAVATED FELONY - CRIME OF VIOLENCE - STALKING
United States v. Mohr, 554 F.3d 604 (5th Cir. Jan. 6, 2009) (South Carolina conviction for stalking, in violation of S.C.Code 1976 16-3-1700(B) is a crime of violence for purposes of the Armed Career Criminal Act; even though the judgment indicated that the defendant was convicted under the "non-violent" portion of the statute; the elements of the statute itself indicate that the offense involved a substantial potential risk of physical injury to another).

Fifth Circuit

AGGRAVATED STALKING - CRIME OF VIOLENCE
United States v. Insaulgarat, 378 F.3d 456 (5th Cir. July 19, 2004) (Florida conviction of aggravated stalking (after being subject to a domestic violence protective order, "knowingly, willfully, maliciously, and repeatedly follows or harasses another person"), in violation of Florida Statute § 784.048(4) (1993), did not constitute a crime of violence within the meaning of U.S.S.G. § 4B1.1, for federal sentencing purposes, where harassment is defined as "engag[ing] in a course of conduct directed at a specific person that causes substantial emotional distress in such person . . . ," under Fla. Stat. Ann. § 784.048(1)(a), because the aggravated stalking statute can be violated without the use or threatened use of physical force, and the additional information provided in the aggravated stalking indictment about the underlying injunction does not allege conduct which, by its nature, poses a serious potential risk of physical injury).

Ninth Circuit

AGGRAVATED FELONY - STALKING - CRIME OF VIOLENCE
Malta-Espinoza v. Gonzales, __ F.3d __ , 2007 WL 624532 (9th Cir. Mar. 2, 2007) (California stalking conviction, in violation of Penal Code 649.9, is not an aggravated felony crime of violence for immigration purposes, since even the more serious portion of the statute does not necessarily create a risk that force may be used; the California stalking statue requires an intent to create fear, but not require intent to carry out the threat - the statute may be violated even if the defendant was incarcerated or thousands of miles away and completely unable to carry out the threat.) http://caselaw.lp.findlaw.com/data2/circs/9th/0471140p.pdf

AGGRAVATED FELONY - CRIME OF VIOLENCE - 18 USC 16(a) - STALKING NOT COV SINCE NO ELEMENT OF FORCE SINCE THREAT TO SAFETY WAS NOT LIMITED TO PHYSICAL SAFETY
Malta-Espinoza v. Gonzales, ___ F.3d ___, 2007 WL 624532 (9th Cir. March 2, 2007) (California conviction of stalking [harassing or following with threats], in violation of Penal Code 646.9, did not constitute an aggravated felony crime of violence, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), as defined by 18 U.S.C. 16(a), because the threat to safety is not limited to physical safety, and the offense therefore did not have the required element of the use of force), following United States v. Jones, 231 F.3d 508 (9th Cir. 2000).

AGGRAVATED FELONY - CRIME OF VIOLENCE - 18 USC 16(b) - STALKING NOT AGGRAVATED FELONY SINCE IT MIGHT HAVE BEEN COMMITTED BY HARASSMENT FROM A DISTANCE, WHICH DOES NOT PRESENT A SUBSTANTIAL RISK THAT VIOLENT FORCE WILL INTENTIONALLY BE USED IN THE COMMISSION OF THE OFFENSE
Malta-Espinoza v. Gonzales, ___ F.3d ___, 2007 WL 624532 (9th Cir. March 2, 2007) (California conviction of stalking [harassing or following with threats], in violation of Penal Code 646.9, did not constitute an aggravated felony crime of violence, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), as defined by 18 U.S.C. 16(b), because the offense might have been committed by harassment from a distance, which does not present a substantial risk that violent force will be used in the commission of the offense).

AGGRAVATED FELONY - CRIME OF VIOLENCE - 18 USC 16(b) - STALKING NOT AGGRAVATED FELONY SINCE IT PRESENTED A RISK THAT FORCE WILL RECKLESSLY BE USED IN THE COMMISSION OF THE OFFENSE, AND RECKLESS USE OF FORCE IS INSUFFICIENT TO QUALIFY AS CRIME OF VIOLENCE
Malta-Espinoza v. Gonzales, ___ F.3d ___, 2007 WL 624532 (9th Cir. March 2, 2007) (California conviction of stalking [harassing or following with threats], in violation of Penal Code 646.9, did not constitute an aggravated felony crime of violence, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), as defined by 18 U.S.C. 16(b), because it presented a substantial risk that that violent force will recklessly be used in the commission of the offense, and reckless use of force does not qualify as a crime of violence).

STALKING - CRIME OF VIOLENCE
United States v. Jones, 231 F.3d 508, 519-520 (9th Cir. Sept. 15, 2000) (California conviction of stalking, under Penal Code § 646.9(a) - "any person who willfully, maliciously, and repeatedly follows or harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family, is guilty" of stalking - did not constitute a crime of violence because on its face the statute was not limited to physical injury).

Eleventh Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - AGGRAVATED STALKING
United States v. Esquivel-Arellano, ___ F.3d ___, 2006 U.S. App. LEXIS 29538 (11th Cir. Nov. 30, 2006) (Georgia conviction of aggravated stalking, in violation of G.S.A. 16-5-91, prohibits a wide range of conduct and does not categorically constitute a "crime of violence" under U.S.S.G. 2L1.2(b)(1)(A)(ii)).