Peralta Sauceda v. Lynch, 804 F.3d 101 (1st Cir. Oct. 14, 2015) (Maine conviction of assault on wife, in violation of Me.Rev.Stat. Ann. tit. 17"A, 207(1)(A) ([a] person is guilty of assault if: A. The person intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person.), is divisible, with the bodily injury prong constituting a domestic violence conviction under INA 237(a)(2)(E)(i), 8 U.S.C. 1227(a)(2)(E)(i), and the offensive contact prong not involving sufficient violence to qualify under that ground); see Matter of Sanudo, 23 I. & N. Dec. 968 (BIA Aug. 1, 2006).

NOTE: This case has been reversed on rehearing by Peralta Sauceda v. Lynch, __ F.3d __ (1st Cir. Apr. 22, 2015) (whether a noncitizen is barred from relief is due to a conviction under a divisible statute is a question of law, and therefore not subject to a determination of who bears the burden of proof).