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).

jurisdiction: 
Lower Courts of Second Circuit

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)).

jurisdiction: 
Lower Courts of Second Circuit

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.

jurisdiction: 
Third Circuit

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.

jurisdiction: 
Ninth Circuit

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.

jurisdiction: 
Ninth Circuit

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).

jurisdiction: 
Eleventh Circuit

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.

jurisdiction: 
First Circuit

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.

jurisdiction: 
Second Circuit

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).

jurisdiction: 
Second Circuit

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.

jurisdiction: 
Fifth Circuit

 

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