Criminal Defense of Immigrants



 
 

§ 19.43 b. By its Nature

 
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This is a requirement that the categorical analysis be applied.  In Leocal v. Ashcroft,[461] the Supreme Court reaffirmed the necessity to analyze the elements of the offense of conviction, rather than to look to the facts of the underlying conduct involved:  “This language requires us to look to the elements and the nature of the offense of conviction, rather than to the particular facts relating to petitioner’s crime.”[462]  See Chapter 16, supra.


[461] Leocal v. Ashcroft, 543 U.S. 1, 125 S.Ct. 377 (Nov. 9, 2004).

[462] Id. at 381.

 

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