The crime of violence aggravated felony definition makes an exception for “a purely political offense.”[503]  There are no judicial decisions defining this term in the crime of violence statute, but the same term appears in the crime of moral turpitude ground of inadmissibility.[504]  Judicial decisions defining the identical term in that context are therefore instructive as to its meaning in the aggravated felony crime of violence context.  See § 20.31, infra.

[503] INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F) (emphasis supplied).

[504] “[A]ny alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of -- (I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime . . . is inadmissible.” INA § 212(a)(2)(A)(i)(I), 8 U.S.C. § 1182(a)(2)(A)(i)(I) (emphasis supplied); Matter of B, 1 I. & N. Dec. 47 (AG 1941). 

Third Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - FIREARMS POSSESSION
Henry v. BICE, 493 F.3d 303 (3d Cir. Jul. 11, 2007) (New York conviction for possession of a loaded firearm with intent to use it unlawfully against another person, under New York Penal Law 265.03, constitutes a crime of violence under 18 U.S.C. 16(b) and is therefore an aggravated felony for immigration purposes).

Ninth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - ASSAULT IN THIRD DEGREE
United States v. Rendon-Duarte, 482 F.3d 1080, 1085 (9th Cir. March 21, 2007) (Alaska conviction of Assault in the Third Degree, in violation of Alaska Statute 11.41.220(a)(1) ("recklessly (A) places another person in fear of imminent serious physical injury by means of a dangerous instrument."), constituted a crime of violence under U.S.S.G. 4B1.2(a)(2)(2005) ("any offense under federal or state law, punishable by imprisonment for a term exceeding one year, that . . . (2) ... involves conduct that presents a serious potential risk of physical injury to another."), for purposes of enhancing sentence for a federal conviction for being a felon in possession of firearms, in violation of in violation of 18 U.S.C. 922(g)(1) & 924(a)(2): "Whether the conduct was reckless or not has no bearing on the applicability of subsection (2) of the Guidelines.").