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).

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))).

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) (court of appeal declined to take judicial notice of age of defendant in applying modified categorical analysis to California conviction of unlawful sex with person under 18 years, in violation of California Penal Code 261.5(c), to determine whether the record of conviction established a substantial risk that force may be used in committing the offense to bring the conviction within the definition of a crime of violence under 18 U.S.C. 16(b)), withdrawing and replacing 431 F.3d 673 (9th Cir. December 12, 2005).

California conviction of assault with a dangerous weapon other than a firearm, or by force likely to produce great bodily injury, in violation of Penal Code 245(a)(1), is arguably not a crime of violence aggravated felony because California law allows conviction for "negligent assault." People v. Wright, 100 Cal.App.4th 703, 710-724 (2002). Conviction of this offense, therefore, cannot constitute a crime of violence under Leocal v. Ashcroft, 125 S.Ct. 377, 382 (2004), which held that the mens rea necessary for a crime of violence aggravated felony must be more than mere negligence.

Bejarano-Urrutia v. Gonzales, ___ F.3d ___ (4th Cir. July 5, 2005) (Virginia conviction for simple involuntary manslaughter, in violation of Va. Code Ann. 18.2-36 (2004), which requires the killing of a person as a proximate result of the defendant's reckless disregard for human life, did not constitute a crime of violence aggravated felony under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), 18 U.S.C.

United States v. Perez-Vargas, ___ F.3d ___ (10th Cir. 2005) (Colorado conviction for third-degree assault, "knowingly or recklessly causes bodily injury to another person or with criminal negligence he causes bodily injury to another person by means of a deadly weapon," in violation of C.R.S.

Popal v. Gonzalez, __ F.3d __, 2005 WL 1791998 (3d Cir. July 29, 2005) (simple assault (reckless), in violation of Pennsylvania Penal Code 18 Pa.C.S.A. 2701, is not an aggravated felony crime of violence for immigration purposes, since a mens rea of recklessness is insufficient to qualify as a crime of violence). Following Tran v. Gonzales, __ F.3d __, 2005 WL 1620320 (3d Cir. July 12, 2005).

Leocal v. Ashcroft, ___ U.S. ___, 160 L. Ed. 2d 271, 125 S. Ct. 377 (2004) (state statute of conviction must require at least the same level of scienter as the relevant federal statute in order for the state conviction to constitute an aggravated felony).

The ordinary meaning of "alien smuggling" does not include transportation of noncitizens within the United States, but requires a border be crossed. See Leocal v. Ashcroft, 543 U.S. ___, 160 L. Ed. 2d 271, 125 S. Ct. 377 (2004) (Supreme Court uses "ordinary meaning" approach to conclude that accidental injury does not fall within ordinary meaning of "crime of violence" aggravated felony definition: "In construing both parts of 16, we cannot forget that we ultimately are determining the meaning of the term crime of violence.