Criminal Defense of Immigrants


§ 19.35 1. Statutory Definition Under 18 U.S.C. 16(a)

Skip to § 19.

For more text, click "Next Page>"

The first prong of the aggravated felony crime of violence definition includes “an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another . . . .”[407]  This definition therefore requires:


                (a) as an essential element of the offense, see § 19.36, infra.

                (b) the use, or attempted or threatened use, see § 19.37, infra.

                (c) of physical force, see § 19.38, infra.

                (d) against the person or property of another, see § 19.39, infra.

                (e) with intent.  See § 19.40, infra.

Unless each of these elements is present, the conviction does not constitute a crime of violence aggravated felony under the first statutory definition.[408]

[407] 18 U.S.C. § 16(a).

[408] 18 U.S.C. § 16(a).



Fifth Circuit

Singh v. Holder, 568 F.3d 525 (5th Cir. May 14, 2009) (Virginia conviction of unlawful wounding, under Virginia Code 18.2-51 ["maliciously shoot, stab, cut, or wound any person or by any means cause him bodily injury, with the intent to maim, disfigure, disable, or kill"] is an aggravated felony crime of violence under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F) for purposes of barring naturalization under INA 101(f)(8), 8 U.S.C. 1101(f)(8)).

NOTE: the Fifth Circuit here found the conviction was a "crime of violence" because the petitioner did not suggest any ways in which the offense would not be a crime of violence, failing to meet the requirements of Duenas and James.