Safe Havens

(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)).