Valencia v. Gonzales, ___ F.3d ___, 2006 WL 522452 (9th Cir. Mar. 6, 2006) (California conviction of unlawful sexual intercourse with a person under 18 years of age, who is more than three years younger than the perpetrator, in violation of California Penal Code 261.5(c), for which a sentence of one year had been imposed, is not a crime of violence under 18 U.S.C. 16(b), and therefore not a crime of violence aggravated felony under INA 101(a)(43)(F), 8 U.S.C.

Valencia v. Gonzales, ___ F.3d ___, 2006 WL 522452 (9th Cir. Mar. 6, 2006) (California conviction of unlawful sexual intercourse with a person under 18 years of age, who is more than three years younger than the perpetrator, in violation of California Penal Code 261.5(c), for which a sentence of one year had been imposed, is not a crime of violence under 18 U.S.C. 16(a), and therefore not a crime of violence aggravated felony under INA 101(a)(43)(F), 8 U.S.C.

United States v. Stapleton, __ F.3d __ (5th Cir. Feb. 16, 2006) (Louisiana conviction for false imprisonment while armed with a dangerous weapon, in violation of LA. REV. STAT. ANN 14:46.1(A) is a violent felony for purposes of the Armed Career Criminal Act, 18 U.S.C. 924(e), because it necessarily presents a serious potential risk of physical injury to another).

Ng v. Attorney General, ___ F.3d ___, 2006 WL 278879 (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.

Aguilar v. Gonzales, ___ F.3d ___ (1st Cir. Feb. 16, 2006) (Rhode Island conviction of third-degree sexual assault, in violation of R.I. Gen. Laws 11-37-6 ["over the age of eighteen (18) and engaged in sexual penetration with another person over the age of fourteen (14) and under the age of consent, sixteen (16) years of age"], with two-year suspended term of imprisonment, constituted a "crime of violence" under 18 U.S.C.

United States v. Hernandez-Hernandez, 431 F.3d 1212 (9th Cir. Dec. 16, 2005) (California conviction for false imprisonment, in violation of Penal Code 236, does not necessarily qualify as a crime of violence aggravated felony for purposes of applying a 16-level sentence enhancement for illegal reentry).

United States v. Ladwig, ___ F.3d ___ (9th Cir. Dec. 27, 2005) (Washington felony conviction for making harassing telephone call under R.C.W. 9.61.230(3)(b) (2002), is a "violent felony" predicate offense under the Armed Career Criminal Act, 18 U.S.C. 924(e), because it has a threat of use of physical force against the person of another, because it is a felony only if committed by a threat to kill, which is a conduct-based sentence enhancement that can be considered part of the record of conviction in making this determination).

Singh v. Gonzales, ___ F.3d ___, 2005 WL 3579002 (3d Cir. Jan. 3, 2006) ("To qualify as a "crime of violence" within 18 U.S.C. 16(a), a criminal statute must require a mens rea of specific intent to use force; mere recklessness is insufficient. Tran, 414 F.3d at 470 (citing United States v. Parson, 955 F.2d 858, 866 (3d Cir. 1992))).

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. 16(a), and therefore was not an aggravated felony aggravated felony, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), since it requires a mens rea of no more than recklessness.)

Singh v. Gonzales, ___ F.3d ___, 2005 WL 3579002 (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. 1101(a)(43)(F), for purposes of triggering deportation).