Francis v. Reno, 269 F.3d
162 (3d Cir. Oct. 16, 2001) (Pennsylvania conviction of vehicular
homicide, in violation of 75 Pa.C.S.A. § 3732, did not constitute
an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C.

United States v. Reve,
241 F.Supp.2d 470 (D.N.J. Jan. 31, 2003) (New Jersey conviction
of sexual assault, defined as committing an act of sexual
penetration with a victim who is at least thirteen but less
than sixteen years old and the actor is at least four years
older than the victim, in violation of former N.J.S.A. § 2C:14-2(c)(5)
(1995), recodified, N.J.S.A. § 2C:14-2(c)(4) (Supp.

United States
v. Gebele, 117 F.Supp.2d 540, 544 (W.D.Va. Oct. 13, 2000)
(Massachusetts conviction of Assault and Battery by Means
of a Dangerous Weapon, with a sentence of five years and one
day, was a "crime of violence" under 18 U.S.C. §
16(b) and therefore constituted an aggravated felony under
INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for purposes
of enhancing an illegal re-entry sentence).

16(b) Garcia v. Gonzales, ___ F.3d ___,
2006 WL 2061819 (4th Cir. Jul. 26, 2006) (New York conviction
of second-degree assault, in violation of N.Y. Penal Law §
120.05 ["recklessly causes serious physical injury to
another person by means of a deadly weapon or a dangerous
instrument"], does not constitute a "crime of violence"
under 18 U.S.C.

16(a) Garcia v. Gonzales, ___ F.3d ___,
2006 WL 2061819 (4th Cir. Jul. 26, 2006) (New York conviction
of second-degree assault, in violation of N.Y. Penal Law §
120.05 ["recklessly causes serious physical injury to
another person by means of a deadly weapon or a dangerous
instrument"], does not constitute an aggravated felony
"crime of violence" under 18 U.S.C.

Bejarano-Urrutia v.
Gonzales, 413 F.3d 444 (4th Cir. July 5, 2005) (Virginia conviction
for simple involuntary manslaughter, in violation of Va. Code
Ann. § 18.2-36 (2004), which requires the killing of a person
as a proximate result of the defendants reckless disregard
for human life, did not constitute a crime of violence aggravated
felony under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F),
18 U.S.C.

Wireko v. Reno, 211 F.3d 833
(4th Cir. May 4, 2000) (Virginia conviction of misdemeanor
sexual battery, in violation of Va.Code 1950, § 18.2-67.4,
was a crime of violence, and therefore an aggravated felony
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for
immigration purposes precluding judicial review of a removal
order), distinguished by Guerrero-Perez v. INS, 242 F.3d 727
(7th Cir. Mar. 5, 2001).

United States v. Fierro-Reyna,
__ F.3d __ (5th Cir. Sept.

United States v. Velasco,
___ F.3d ___, 2006 WL 2729670 (5th Cir. Sept. 27, 2006) (Illinois
conviction for aggravated battery, under 720 IL. COMP. STAT.

Larin-Ulloa v. Gonzales, __ F.3d __,
2006 WL 2441387 (5th Cir. Aug. 24, 2006) (Kansas conviction
of aggravated battery under Kan. Stat. Ann. 21-3414(a)(1)(C),
defined as intentional physical contact with a deadly weapon
in a rude, insulting or angry manner defines a crime which
is categorically a "crime of violence," under 18
U.S.C. § 16(b) and thus an aggravated felony for removal
purposes).