Matter of MW, 25 I&N Dec. 748 (BIA 2012) (Michigan conviction for violation of 750.317 of the Michigan Compiled Laws, second degree murder, is categorically an aggravated felony murder offense for immigration purposes; under the categorical approach, a conviction for the aggravated felony of murder, as defined in INA 101(a)(43)(A), 8 U.S.C. 1101(a)(43)(A), includes a conviction for murder in violation of a statute requiring a showing that the perpetrator acted with extreme recklessness or a malignant heart, notwithstanding that the requisite mental state may have resulted from voluntary intoxication and that no intent to kill was established).

 

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