(A)  Aggravated Felonies.

 

Fifth Circuit:

 

United States v. Calderon-Pena, 339 F.3d 320 (5th Cir. July 17, 2003) (Texas conviction of child endangerment, in violation of Texas Penal Code § 22.041(c), would not on its face constitute a crime of violence under INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), for purposes of illegal re-entry sentence enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii) (2000, 2001), since it may be committed by omission instead of use of force; however, since the indictment in this case shows the elements involved in this particular conviction necessarily included placing a child in imminent danger of bodily injury through an intentional act, it did constitute a crime of violence for this purpose in the instant case).

Ninth Circuit:

 

United States v. Hernandez-Castellanos, 287 F.3d 876, 881 (9th Cir. 2002) (Arizona offense of felony endangerment in violation of A.R.S. § 13-1201 was not categorically an aggravated felony under a crime of violence theory under INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F) for illegal re-entry enhancement purposes under U.S.S.G. § 2L1.2(b)(1)(A)).

BIA

CRIME OF MORAL TURPITUDE " RECKLESS ENDANGERMENT
Matter of Leal, 26 I. & N. Dec. 20 (BIA 2012) (Arizona conviction for violation of ARS 13-1201(a), recklessly endangering another person with a substantial risk of imminent death, is a CMT for immigration purposes, even though Arizonas definition of recklessness includes ignorance of risk resulting from voluntary intoxication).

Third Circuit

AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - ENDANGERING WELFARE OF CHILDREN
Stubbs v. Attorney General, ___ F.3d ___, 2006 WL 1776462 (3d Cir. Jun. 29, 2006) (New Jersey conviction for "endangering welfare of children" under N.J. Stat. Ann. 2C:24-4(a), is not a aggravated felony sexual abuse of a minor, because the portion of the statute related to sexual conduct does not require that the conduct with a child). http://caselaw.lp.findlaw.com/data2/circs/3rd/044316p.pdf

CRIME OF VIOLENCE - RECKLESS ENDANGERMENT
Singh v. Gonzales, 432 F.3d 533, 540-541 (3d Cir. Jan. 3, 2006) (Pennsylvania misdemeanor conviction of recklessly endangering another person, in violation of 18 Pa. Cons.Stat. Ann. 2705, with a sentence of one year or more, did not constitute a crime of violence under 18 U.S.C. 16(a), and was not a felony conviction, and therefore did not constitute a crime of violence under 18 U.S.C. 16(a), and therefore was not an aggravated felony aggravated felony, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), since it requires a mens rea of no more than recklessness.)

Fourth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - RECKLESS ENDANGERMENT
Massis v. Mukasey, 549 F.3d 631 (4th Cir. Dec. 9, 2008) (Maryland misdemeanor conviction of reckless endangerment, in violation of Md. Code Ann. art. 27, 120 (1995) ("recklessly engages in conduct that creates a substantial risk of death or serious physical injury to another" with a five-year maximum), does not constitute an aggravated felony crime of violence, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), because recklessness is an insufficient mental state where "a crime of violence requires a substantial likelihood that the perpetrator will intentionally employ physical force. See, e.g., Dalton v. Ashcroft, 257 F.3d 200, 207-08 (2d Cir.2001); United States v. Hernandez-Castellanos, 287 F.3d 876, 881 (9th Cir.2002).").

Fifth Circuit

CRIME OF MORAL TURPITUDE - CHILD ABANDONMENT
Rodriguez-Castro v. Gonzales, ___ F.3d ___ (5th Cir. Oct. 3, 2005) (attempted misdemeanor child abandonment, with intent to return to the child, under Texas Penal Code 22.041(b) is not a crime of moral turpitude because the offense may be committed without he actor knowing s/he thereby places the child at risk, and only involved negligent intent).
http://caselaw.lp.findlaw.com/data2/circs/5th/0460003cv0p.pdf