Safe Havens

(D)  Other Crime of Violence Safe Havens.  Several circuits have recently required that for purposes of 18 U.S.C. § 16, actual force is required.[1146]  The Seventh Circuit has required more than minimal force for a conviction to satisfy 18 U.S.C. § 16(a).[1147]  The Ninth Circuit has reached a similar result in a closely analogous context because a mere de minimis touching could result in a conviction.[1148]  See § § 7.41-7.60, supra, for additional crime of violence safe havens applicable here.

[1146] See, e.g., United States v. Lucio-Lucio, 347 F.3d 1202 (10th Cir. 2003) (reversing district court to hold the Colorado DUI conviction is not a crime of violence); Chrzanoski v. Ashcroft, 327 F.3d 188 (2d Cir. 2002) (holding that conviction under Connecticut assault statute is not a crime of violence because use of force was not an explicit element).

[1147] Flores v. Ashcroft, 350 F.3d 666 (7th Cir. 2003) (reversing BIA to find that noncitizen convicted under Indiana battery statute was not deportable for having a crime of domestic violence).

[1148] See United States v. Belless, 338 F.3d 1063 (9th Cir. 2003) (holding that defendant’s conviction under Wyoming battery statute was not a domestic violence offense under 18 U.S.C. § 922(g)(9) for sentencing enhancement purposes).