AUTO THEFT - THEFT OFFENSE

Matter of VZS, 22 I. & N. Dec. 1338
(BIA Aug. 1, 2000) (en banc) (California conviction for unlawful
driving and taking of a vehicle in violation of California
Vehicle Code § 10851 is a aggravated felony "theft offense"
under INA § 101(a)(43)(G), 8 U.S.C.

jurisdiction: 
BIA

BURGLARY - CRIME OF VIOLENCE

United States v. Valdez-Maltos, __ F.3d
__, 2006 WL 766601 (5th Cir. Mar. 27, 2006) (Texas
conviction of burglary of a habitation, is a crime of violence
for illegal re-entry sentencing purposes).

jurisdiction: 
Fifth Circuit

CRIME OF VIOLENCE - BURGLARY

United States v. Murillo-Lopez, __
F.3d __ (5th Cir. Mar. 22, 2006) (California conviction
for burglary, in violation of Penal Code § 459, is a crime
of violence for purposes of 16-level sentence enhancement
upon conviction of illegal re-entry, where defendant admitted,
and did not dispute, that he was convicted of burglary of
a dwelling, specifically listed as a crime of violence under
U.S.S.G. § 2L1.2).

jurisdiction: 
Fifth Circuit

BURGLARY - CRIME OF VIOLENCE

United States v. Rodriguez-Rodriguez,
388 F.3d 466 (5th Cir. Oct. 15, 2004) (Texas conviction under
Penal Code § 30.02, burglary of a building, is not a crime
of violence for illegal re-entry sentencing purposes since
the statute does not require the use of force as an element).

jurisdiction: 
Fifth Circuit

BURGLARY OF BUILDING - CRIME OF VIOLENCE

United States v. Rodriguez-Rodriguez,
323 F.3d 317 (5th Cir. Feb. 27, 2003) (Texas conviction of
burglary of a building, in violation of Texas Penal Code Ann.
§ 31.07(a), is not a crime of violence within the meaning
of U.S.S.G.

jurisdiction: 
Fifth Circuit

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE

United States v. Lucio-Lucio,
347 F.3d 1202 (10th Cir. Oct. 28, 2003) (Texas felony conviction
of driving while intoxicated is not an aggravated felony crime
of violence as defined by 18 U.S.C. § 16(b)).

jurisdiction: 
Tenth Circuit

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE

Tapia-Garcia v. INS,
237 F.3d 1216 (10th Cir. Jan. 19, 2001) (Idaho conviction
of DUI drugs or alcohol offense, in violation of section 18-8004(5)
of the Idaho Code, constituted a crime of violence and was
therefore an aggravated felony under INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), triggering deportation).

jurisdiction: 
Tenth Circuit

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE

United States v. Rubio,
317 F.3d 1240 (11th Cir. Jan. 7, 2003) (driving under the
influence with serious bodily injury is a crime of violence
for purposes of the career offender provisions of the sentencing
Guidelines).

jurisdiction: 
Eleventh Circuit

DRIVING UNDER THE INFLUENCE WITH INJURY - CRIME OF VIOLENCE

Le v.
U.S. Atty. Gen., 196 F.3d 1352 (11th Cir. Dec. 3, 1999) (Florida
conviction of driving under the influence with serious bodily
injury, in violation of F.S.A. § 316.193(3), was a "crime
of violence," under 18 U.S.C. § 16(b), as required to
be an "aggravated felony" under INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), for immigration purposes).

jurisdiction: 
Eleventh Circuit

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE

Matter of Ramos, 23
I. & N. Dec. 336 (BIA Apr.

jurisdiction: 
BIA

 

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