BIA

TERRORISM - CRIME OF VIOLENCE
Matter of SS, 21 I. & N. Dec. 900 (BIA May 6, 1997) (Iowa conviction for terrorism under section 708.6 of the Iowa Code is a felony involving a substantial risk that physical force may be used against the victim, and therefore constitutes a "crime of violence" as defined in 18 U.S.C. § 16(b), and therefore an aggravated felony within the meaning of INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)).

Third Circuit

TERRORISTIC THREATS - CRIME OF VIOLENCE
Bovkun v. Ashcroft, 283 F.3d 166 (3d Cir. Mar. 8, 2002) (Pennsylvania misdemeanor conviction of making terroristic threats, in violation of 18 Pa. Cons.Stat. § 2706 (1998), qualified as a "crime of violence" under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for immigration purposes, since the maximum of the indeterminate 11- to 23-month sentence imposed was one year or more).

Fifth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " CRIMINAL THREATS
United States v. Cruz-Rodriguez, 625 F.3d 274, 277 (5th Cir. Nov. 2, 2010) (per curiam) (California conviction of criminal threats, in violation of Penal Code 422, did not constitute a crime of violence under U.S.S.G. 2L1.2(b)(1)(A)(ii), for purposes of imposing a 16-level enhancement to the offense level for illegal reentry sentence: On the other hand, with respect to the offense of making a criminal threat, we previously held in an unpublished opinion that the use, attempted use, or threatened use of physical force against the person of another is not an element of California Penal Code 2L1.2(b)(1)(A)(ii) because it is possible under [California] law for the State to obtain a conviction under ... the terroristic threats statute without proof of the threatened use of physical force against another person .... United States v. De La Rosa-Hernandez, 264 Fed.Appx. 446, 447-49 (5th Cir.2008) (unpublished) (internal quotation marks and citations omitted) (alteration in original). We likewise find this reasoning persuasive. In addition, this court reached the same conclusion with respect to a similar Pennsylvania statute, holding that the generic terroristic-threat offense at issue in that case is not a crime of violence. United States v. Ortiz-Gomez, 562 F.3d 683, 684-86 (5th Cir.2009). Therefore, we hold that the offense of making a criminal threat is not a crime of violence for the purpose of sentencing adjustments under U.S.S.G. 2L1.2(b)(1)(A)(ii).).

TERRORIST THREATS - CRIME OF VIOLENCE
United States v. Acuna-Cuadros, 385 F.3d 875 (5th Cir. Sept. 21, 2004) (per curiam) (Texas conviction for retaliation, in violation of Tex. Penal Code § 36.06 (1995), penalizing one who "knowingly harms or threatens to harm another by an unlawful act," did not qualify as "crime of violence" supporting 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii), since the offense does not "ha[ve] as an element the use, attempted use, or threatened use of physical force against the person of another").

TERRORISTIC THREATS - CRIME OF VIOLENCE
United States v. Martinez-Paramo, 380 F.3d 799 (5th Cir. Aug. 4, 2004) (Pennsylvania conviction for terroristic threats, in violation of 18 Pa. Cons. Stat. § 2706(a) (2003), was not established to be a crime of violence, under U.S.S.G. § 2L1.2, comment (b)(ii)(I), for purposes of enhancing the sentence for illegal re-entry, since the offense is not on the list in (II) and the record does not establish that it "has as an element the use, attempted use, or threatened use of physical force against [the person of] another.").

MENACING - CRIME OF VIOLENCE
United States v. Landeros-Arreola, 260 F.3d 407 (5th Cir. July 27, 2001) (Colorado reduction of sentence imposed for menacing conviction, after successful completion of Colorados Regimented Inmate Training Program, from four years imprisonment to probation, was not mere suspension of execution of sentence, but effectively reduced custody term below one year, so state menacing conviction did not constitute crime of violence "aggravated felony" conviction, with one year sentence imposed, under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), and no longer was sufficient to trigger a sentence enhancement of an illegal re-entry sentence).

Seventh Circuit

HARASSMENT - CRIME OF VIOLENCE
Szucz-Toldy v. Gonzalez, 400 F.3d 978 (7th Cir. Mar. 11, 2005) (Illinois conviction for "harassment by telephone" under 720 ILCS § 135/1-1(2), prohibiting "making a telephone call, whether or not conversation ensues, with intent to abuse, threaten or harass any person at the called number," is not an aggravated felony crime of violence for immigration purposes because it is not necessary to prove the use or threatened use of physical force to sustain a conviction under the statute).

Eighth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - TERRORISTIC THREATS
Olmsted v. Holder, 588 F.3d 556 (8th Cir. Dec. 4, 2009) (Minnesota conviction of making terroristic threats, in violation of Minn. Stat. 609.713(1) is a divisible statute, since it may be committed recklessly).

Ninth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " HARASSMENT
United States v. Werle, 877 F.3d 879 (9th Cir. Dec. 13, 2017) (Washington conviction of felony harassment, in violation of R.C.W. 9A.46.020(2)(b)(ii) [knowingly threaten to kill], is a crime of violence for illegal reentry sentencing purposes, even if the threat could be for an indeterminate time in the future and even if it may include a threat to use poison).

AGGRAVATED FELONY " CRIME OF VIOLENCE " HARASSMENT
United States v. Werle, 877 F.3d 879 (9th Cir. Dec. 13, 2017) (Washington conviction of felony harassment, in violation of R.C.W. 9A.46.020(2)(b)(ii) [knowingly threaten to kill], is a crime of violence for illegal reentry sentencing purposes, even if the threat could be for an indeterminate time in the future and even if it may include a threat to use poison).

AGGRAVATED FELONY " CRIME OF VIOLENCE " COERCION
Cortez-Guillen v. Holder, 623 F.3d 933 (9th Cir. Oct. 5, 2010) (Alaska conviction of coercion, in violation of Alaska Statute 11.41.530(a)(1), compelling another to do an act by instilling fear of injury or commission of any other crime, did not categorically constitute a crime of violence aggravated felony, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), because it could be committed by a threat of a nonviolent crime such as blackmail).

AGGRAVATED FELONY " CRIME OF VIOLENCE " MENACING
United States v. Melchor-Meceno, 620 F.3d 1180 (9th Cir. Sept. 1, 2010) (Colorado felony conviction of menacing, under C.R.S. 18-3-206, categorically constituted a crime of violence for illegal re-entry sentencing purposes, since it involves a threat of imminent serious bodily injury).

AGGRAVATED FELONY - CRIME OF VIOLENCE - THREATS
United States v. Villavicencio-Burruel, 608 F.3d 556 (9th Cir. Jun. 14, 2010) (California conviction for violation of Penal Code 422, criminal threats, is categorically a "crime of violence" for illegal re-entry sentencing purposes).

HARASSING TELEPHONE CALL - CRIME OF VIOLENCE
United States v. Ladwig, 432 F.3d 1001 (9th Cir. Dec. 27, 2005) (Washington felony conviction for making harassing telephone call under R.C.W. § 9.61.230(3)(b), is a "violent felony" predicate offense under the Armed Career Criminal Act, 18 U.S.C. § 924(e), because it has a threat of use of physical force against the person of another, and is a felony only if committed by a threat to kill, which is a conduct-based sentence enhancement that can be considered part of the record of conviction in making this determination).

HARASSMENT - CRIME OF VIOLENCE
Singh v. Ashcroft, 386 F.3d 1228 (9th Cir. Oct. 21, 2004) (Oregon conviction under Or. Rev. Stat. § 166.065(1)(a)(A), punishing intentionally harassing or annoying another person by subjecting that person to offensive physical contact, is not a crime of violence, and therefore not a crime of domestic violence for immigration purposes, since the force required to commit the offense, including spitting, is not necessarily "violent" force).

CRIMINAL THREATS - CRIME OF VIOLENCE
Rosales-Rosales v. Ashcroft, 347 F.3d 714 (9th Cir. Oct. 17, 2003) (California conviction of terrorist or criminal threats, in violation of Penal Code § 422, constitutes an "aggravated felony" as a crime of violence under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), rendering noncitizen subject to deportation).

Tenth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " MENACING
Damaso-Mendoza v. Holder, 653 F.3d 1245 (10th Cir. Aug. 9, 2011) (Colorado conviction for menacing, under Colo.Rev.Stat. 18"3"206 [by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury], is categorically an aggravated felony crime of violence since it involves a threat of physical force).

Eleventh Circuit

MENACING - CRIME OF VIOLENCE
United States v. Drummond, 240 F.3d 1333 (11th Cir. Feb. 8, 2001) (New York conviction for menacing, in violation of N.Y. Penal Law § 120.14, qualified as an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for enhancing illegal re-entry sentence pursuant to U.S.S.G. § 2L1.2(b)(1)(A), because it was a crime of violence for which the term of imprisonment was at least one year).