CRIME OF VIOLENCE - ASSAULT

Milbin v. Ashcroft, 293 F.Supp.2d 158
(D.Conn. Dec. 2, 2003) (Connecticut conviction under any subdivision
of Conn. Gen. Stat. § 53a-61, which prohibits various ways
of causing injury to a person, did not constitute a crime
of violence within the meaning of INA § 101(a)(43)(F), 8 U.S.C.
§ 1101(a)(43)(F), 18 U.S.C.

jurisdiction: 
Lower Courts of Second Circuit

CRIME OF VIOLENCE - RISK OF INJURY

Santapaola v. Ashcroft, 249 F.Supp.2d
181 (D.Conn. Mar. 13, 2003) (Connecticut conviction for risk
of injury, in violation of Conn. Gen.Stat. § 53-21(1), constituted
an aggravated felony conviction for a "crime of violence,"
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for
deportation purposes).

jurisdiction: 
Lower Courts of Second Circuit

CRIME OF VIOLENCE - ASSAULT WITH INJURY

Persaud v. McElroy, 225
F. Supp. 2d 420 (S.D.N.Y. Oct. 7, 2002) (New York conviction
of assault with injury under N.Y. Penal Law § 120.05(6) was
not a crime of violence under 18 U.S.C. § 16(a) because it
did not require, as an element of the offense, that the defendant
use physical force to inflict the injury, and the conviction
was therefore not an aggravated felony under INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F)).

jurisdiction: 
Lower Courts of Second Circuit

CRIME OF VIOLENCE - MANSLAUGHTER

Greenidge v. INS, 204 F.Supp.2d
594 (S.D.N.Y. Nov. 29, 2001) (Arizona manslaughter conviction,
in violation of A.R.S. § 151-54, is a crime of violence, and
therefore an aggravated felony pursuant to INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F)), for removal purposes).

jurisdiction: 
Lower Courts of Second Circuit

CRIME OF VIOLENCE - USE OF INTERSTATE COMMERCE FACILITIES FOR MURDER FOR HIRE

Ng v. Attorney General, 436 F.3d 392 (3d Cir. Feb.
7, 2006) (federal conviction of use of interstate commerce
facilities in the commission of a murder-for-hire, in violation
of 18 U.S.C. § 1958, constitutes a crime of violence aggravated
felony under INA § 101(a)(43)(F), 8 U.S.C.

jurisdiction: 
Third Circuit

CRIME OF VIOLENCE - SIMPLE ASSAULT

Singh v. Gonzales, 432 F.3d 533
(3d Cir. Jan. 3, 2006) (Pennsylvania misdemeanor conviction
of simple assault, under 18 Pa. Cons.Stat. Ann. § 2701(a)(3)
("A person is guilty of assault if he . . . attempts
by physical menace to put another in fear of imminent serious
bodily injury."), constituted a crime of violence, under
18 U.S.C. § 16(a), and therefore an aggravated felony under
INA § 101(a)(43)(F), 8 U.S.C.

jurisdiction: 
Third Circuit

CRIME OF VIOLENCE - RECKLESS ENDANGERMENT

Singh v. Gonzales, 432
F.3d 533, 540-541 (3d Cir. Jan. 3, 2006) (Pennsylvania misdemeanor
conviction of recklessly endangering another person, in violation
of 18 Pa. Cons.Stat. Ann. § 2705, with a sentence of one year
or more, did not constitute a crime of violence under 18 U.S.C.
§ 16(a), and was not a felony conviction, and therefore did
not constitute a crime of violence under 18 U.S.C.

jurisdiction: 
Third Circuit

CONSPIRACY - POSSESS WITH INTENT TO DISTRIBUTE

Jideonwo v. INS, 224 F.3d
692 (7th Cir. Aug. 23, 2000) (federal conviction of conspiracy
to possess heroin with intent to distribute is an "aggravated
felony" under INA § 101(a)(43)(B), (U), 8 U.S.C.
1101(a)(43)(B), (U), for purposes of disqualifying a noncitizen
from eligibility for a discretionary waiver of deportation).

jurisdiction: 
Seventh Circuit

CONSPIRACY - DISTRIBUTE CONTROLLED SUBSTANCE

Turkhan v. INS, 123 F.3d
487, 488 (7th Cir. Aug. 12, 1997) (federal conviction of conspiracy
to distribute cocaine in violation of 21 U.S.C. § 846 constituted
aggravated felony conviction under INA § 101(a)(43)(B), 8
U.S.C. § 1101(a)(43)(B), (U), for deportation purposes),
overruled on other grounds by LaGuerre v. Reno, 164 F.3d 1035
(7th Cir. Dec. 22, 1998).

jurisdiction: 
Seventh Circuit

CONSPIRACY - HARBOR ALIENS

Gavilan-Cuate v. Yetter, 276 F.3d 418 (8th
Cir. Jan. 9, 2002) (federal conviction of conspiracy to transport
and harbor illegal aliens, in violation of INA § 274(a)(1)(A)(ii)
and (iii), 8 U.S.C. § 1324(a)(1)(A)(ii) and (iii), constituted
an aggravated felony under INA § 101(a)(43)(N), 8 U.S.C.
1101(a)(43)(N), despite parenthetical mentioning smuggling).

jurisdiction: 
Eighth Circuit

 

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