AGGRAVATED FELONY " CRIME OF VIOLENCE " HIGH SPEED FLIGHT
Sykes v. United States, ___ U.S. ___, 131 S.Ct. 2267 (Jun. 9, 2011) (Indiana conviction of felony vehicle flight falls within the definition of crime of violence for purposes of the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), that closely resembles the crime of violence aggravated felony definition; high speed flight does not have, as an element, the use of force, but does create a serious potential risk of physical injury to another).

Lower Courts of Second Circuit

FAILURE TO APPEAR TO FACE CHARGES
Barnaby v. Reno, 142 F.Supp.2d 277 (D.Conn. May 9, 2001) (Connecticut conviction for failure to appear when legally called, in violation of Conn.Gen. Stat. Ann. § 53a-172, held not to be an aggravated felony, under INA § 101(a)(43)(T), 8 U.S.C. § 1101(a)(43)(T), for deportation purposes, since even if executed by the defendant, appearance bond merely constituted a promise to appear and did not meet the court order requirement of the aggravated felony definition).

Third Circuit

EVADING AN OFFICER - CRIME OF VIOLENCE
Penuliar v. Ashcroft, 395 F.3d 1037 (9th Cir. Jan. 12, 2005) (California conviction of evading an officer, in violation of Vehicle Code § 2800.2(a), was not a crime of violence, within the meaning of INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), because the statute and charge were both overbroad with respect to the aggravated felony definition of a crime of violence by encompassing merely negligent conduct).

Fourth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " RESISTING ARREST
United States v. Aparicio-Soria, 740 F.3d 152 (4th Cir. Jan. 14, 2014) (en banc) (Maryland conviction of resisting arrest, in violation of Md. Code, Crim. Law 9"408(b)(1) [[a] person may not intentionally ... resist a lawful arrest.], does not qualify categorically as a "crime of violence" within the meaning of the residual force clause of U.S.S.G. 2L1.2(b)(1)(A), because it does not have as an element the use, attempted use, or threatened use of physical force against the person of another).

AGGRAVATED FELONY " CRIME OF VIOLENCE " RESISTING ARREST
United States v. Aparicio-Soria, 740 F.3d 152 (4th Cir. Jan. 14, 2014) (en banc) (Maryland conviction of resisting arrest, in violation of Md. Code, Crim. Law 9"408(b)(1) [[a] person may not intentionally ... resist a lawful arrest.], does not qualify categorically as a "crime of violence" within the meaning of the residual force clause of U.S.S.G. 2L1.2(b)(1)(A), because it does not have as an element the use, attempted use, or threatened use of physical force against the person of another).

Fifth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " HIGH SPEED FLIGHT
United States v. Vargas-Soto, 700 F.3d 180 (5th Cir. Oct. 24, 2012) (Texas conviction for evading arrest using a motor vehicle, in violation of Tex. Penal Code Ann. 38.04(b)(1), qualified as an aggravated felony crime of violence); following United States v. Sanchez"Ledezma, 630 F.3d 447, 451 (5th Cir. 2011) (same), cert. denied, ___ U.S. ___, 131 S.Ct. 3024, 180 L.Ed.2d 851 (2011).

AGGRAVATED FELONY - CRIME OF VIOLENCE - EVADING ARREST
United States v. Harrimon, 568 F.3d 531 (5th Cir. May 14, 2009) (Texas conviction for evading arrest or detention by use of a vehicle, in violation of Tex. Penal Code section 38.04(b)(1), is a "violent felony" under the Armed Career Criminal Act, since the offense presents a serious potential risk of physical injury to another).

Ninth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " ASSAULT ON OFFICER
United States v. Dominguez-Maroyoqui, 748 F.3d 918 (9th Cir. Apr. 7, 2014) (federal conviction for assaulting a federal officer, in violation of 18 U.S.C. 111(a), is not categorically a crime of violence for illegal re-entry sentencing purposes, since the offense does not require, as an element, proof that defendant used, attempted to use, or threatened to use physical force).

AGGRAVATED FELONY " CRIME OF VIOLENCE " RESISTING OFFICER
Flores-Lopez v. Holder, 685 F.3d 857 (9th Cir. Jul. 9, 2012) (California conviction of resisting an executive officer in violation of Penal Code 69 is not a categorical crime of violence aggravated felony, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), because it requires only use of de minimis force; the idea that resisting executive officer would inevitably lead to use of violent, physical force was speculative).

AGGRAVATED FELONY " CRIME OF VIOLENCE " HIGH SPEED FLIGHT
United States v. Snyder, 643 F.3d 694 (9th Cir. Jun. 30, 2011) (Oregon conviction for high speed flight, in violation of ORS 811.540(1), is a violent felony for purposes of the Armed Career Criminal Act), following Sykes v. United States, ___ U.S. ___, 131 S.Ct. 2267 (Jun. 9, 2011).

AGGRAVATED FELONY - FAILURE TO APPEAR
Renteria-Morales v. Mukasey, 532 F.3d 949 (9th Cir. Jul. 10, 2008) (federal conviction for failure to appear in court, in violation of 18 U.S.C. 3146 is not categorically an aggravated felony as defined by INA 101(a)(43)(Q) or (T); under the modified categorical approach, court was allowed to look to the record of conviction to determine the maximum punishment allowed for the underlying convictions and to determine whether the failure to appear was pursuant to "service of a sentence" or to "answer to or dispose of a charge of a felony.").

AGGRAVATED FELONY - CRIME OF VIOLENCE - ESCAPE
Penuliar v. Ashcroft, 528 F.3d 603 (9th Cir. Jun. 10, 2008) (California conviction for evading an officer, in violation of California Vehicle Code 2800.2(a) is not categorically an aggravated felony crime of violence for immigration purposes).

AGGRAVATED FELONY - CRIME OF VIOLENCE - INTERFERENCE WITH LAW ENFORCEMENT
Estrada-Rodriguez v. Mukasey, __ F.3d __, 2007 WL 4554053 (9th Cir. Dec. 28, 2007) (Arizona conviction for resisting arrest, in violation of Arizona Revised Statutes 13-2508 categorically constitutes an aggravated felony crime of violence for immigration purposes, since the first subsection of that statute requires the element of use of force, and the second subsection requires a substantial risk that force will be used in the commission of the offense, mirroring 18 U.S.C. 16(a) and (b) respectively).

NOTE: The Court here looked to Arizona state law to determine that neither nonviolent refusal to submit, nor flight from an officer were offenses included under the Arizona statute.

AGGRAVATED FELONY - CRIME OF VIOLENCE - ESCAPE
United States v. Savage, 488 F.3d 1232, (9th Cir. Jun. 12, 2007) (Montana conviction of escape, in violation of Montana Code Annotated 45-7-306(2) (escape includes purposeful "fail[ure] to return to official detention following temporary leave granted for a specific purpose or limited time" as well as "knowingly or purposely elud[ing] official detention."), does not categorically constitute a crime of violence because it does "not differentiate between violent and non-violent escapes" and includes escapes from facilities that "run [ ] the gamut from maximum-security facilities to non-secure halfway houses."), quoting United States v. Piccolo, 441 F.3d 1084, 1088 (9th Cir. 2006).

ESCAPE FROM HALFWAY HOUSE NOT CRIME OF VIOLENCE FOR FEDERAL ARMED CAREER OFFENDER ENHANCEMENT PURPOSES - CRIME OF VIOLENCE
United States v. Piccolo, 441 F.3d 1084 (9th Cir. Apr. 3, 2006) (Escape conviction under 18 U.S.C. § 751(a), which includes failure to return to a non-secured halfway house, is not necessarily a crime of violence for federal armed career offender sentencing purposes).

ATTEMPTING TO ELUDE POLICE VEHICLE - CRIME OF VIOLENCE
United States v. Kelly, 422 F.3d 889 (9th Cir. Sept. 6, 2005) (Washington conviction for attempting to elude a police vehicle, in violation of R.C.W. § 46.61.024, is not a "crime of violence" for sentencing purposes).

FIREARM USE - EVADING AN OFFICER - CRIME OF VIOLENCE
Reyes-Alcaraz v. Ashcroft, 363 F.3d 937 (9th Cir. Apr. 8, 2004) (California conviction of exhibiting a deadly weapon with intent to resist arrest, in violation of California Penal Code § 417.8, is a crime of violence and thus an "aggravated felony" under INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), for immigration purposes).

FLIGHT FROM OFFICER - CRIME OF VIOLENCE
United States v. Campos-Fuerte, 357 F.3d 956 (9th Cir. Feb. 4, 2004) (California conviction of fleeing from an officer by driving a vehicle in a willful or wanton manner, in violation of California Vehicle Code § 2800.2, constitutes 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 purposes of enhancing an illegal re-entry sentence).

Lower Courts of Ninth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " ESCAPE FROM CUSTODY
United States v. Simmons, 782 F.3d 510 (9th Cir. Apr. 3, 2015) (Hawaii conviction of second-degree escape from custody, in violation of Hawaii Revised Statutes 710"1021, did not categorically constitute a crime of violence, under U.S. Sentencing Guidelines (Sentencing Guidelines or U.S.S.G.) 4B1.1(a), because it includes both active and passive forms of escape); see Chambers v. United States, 555 U.S. 122, 126"27, 129 S.Ct. 687, 172 L.Ed.2d 484 (2009).

Tenth Circuit

AGGRAVATED BATTERY AGAINST OFFICER - CRIME OF VIOLENCE
United States v. Treto-Martinez, 421 F.3d 1156 (10th Cir. Sept. 7, 2005) (Kansas conviction of aggravated battery against a law enforcement officer, in violation of K.S.A. 21-3414(a)(1)(C), is a crime of violence for sentencing purposes; "[a]lthough not all physical contact performed in a rude, insulting or angry manner would rise to the level of physical force, we conclude that all intentional physical contact with a deadly weapon done in a rude, insulting or angry manner does constitute physical force under § 2L1.2(b)(1)(A)").