RISK OF INJURY - CRIME OF VIOLENCE
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).
ASSAULT WITH INJURY - CRIME OF VIOLENCE
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)).
SIMPLE ASSAULT - CRIME OF VIOLENCE
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.
SEXUAL BATTERY - CRIME OF VIOLENCE
United States v. Lopez-Montanez,
421 F.3d 926 (9th Cir. Aug. 26, 2005) (California conviction
of sexual battery under California Penal Code § 243.4, is
not a categorical crime of violence under the federal Sentencing
Guidelines, as the offense is not necessarily a "forcible"
sex offense under U.S.S.G. § 2L1.2, cmt. n. 1(B)(ii)); but
see Lisbey v. Gonzales, 420 F.3d 930 (9th Cir. Aug.
CRIME OF VIOLENCE - SEXUAL BATTERY
Lisbey v. Gonzales, 420 F.3d
930 (9th Cir. Aug. 22, 2005) (California conviction of sexual
battery under California Penal Code § 243.4 constitutes an
aggravated felony for removal purposes, as the offense involves
a substantial risk of physical force under 18 U.S.C. § 16(b));
but see United States v. Lopez-Montanez, 421 F.3d 926 (9th
Cir. Aug.
ATTEMPTED LEWD ASSAULT - CRIME OF VIOLENCE
Ramsey v. INS, 55 F.3d 580
(11th Cir. June 21, 1995) (per curiam) (Florida conviction
of attempted lewd assault, in violation of F.S.A. § 777.04(1),
800.04(1), was crime of violence under 18 U.S.C. § 16, and
therefore aggravated felony under INA § 101(a)(43)(F), 8 U.S.C.
§ 1101(a)(43)(F), for purposes of deportation).
STATUTORY RAPE - RAPE
Silva v. Gonzales, 455 F.3d 26 (1st Cir. Jul. 14, 2006)
(Massachusetts conviction of statutory rape of 14-year-old
girl, under Mass. Gen. Laws ch.
STATUTORY RAPE - CRIME OF VIOLENCE
Chery v. Ashcroft, 347 F.3d 404 (2d
Cir. Oct. 17 2003) (Connecticut conviction under Conn.G.S
§ 53a-71 for consensual sexual intercourse with a person under
age 18 (statutory rape) is a crime of violence and aggravated
felony under INA § 101(a)(43)(F), 8 U.S.C.
STATUTORY RAPE - SEXUAL ABUSE OF A MINOR
Mugalli v. Ashcroft, 258 F.3d
52 (2d Cir. July 10, 2001) (New York conviction for "statutory
rape," in violation of New York Penal Law § 130.25-2,
constituted sexual abuse of a minor, and was therefore an
"aggravated felony" under INA § 101(a)(43)(A), 8
U.S.C. § 1101(a)(43)(A) for deportation purposes).
STATUTORY RAPE - CRIME OF VIOLENCE
United States v. Alvarado-Hernandez, ___
F.3d ___, 2006 WL 2621650 (5th Cir. Sept. 14, 2006) (Texas
conviction for consensual sexual intercourse with a 14-year-old
victim in violation of Penal Code § 22.011(a)(2), met
the common-sense definition of crime of violence, for purposes
of imposing a sixteen-level upward adjustment for an illegal-reentry
conviction under U.S.S.G.