United States
v. Kelly, 422 F.3d 889 (9th Cir. Sept. 6, 2005) (Washington
conviction for attempting to elude a police vehicle, in violation
of R.C.W. § 46.61.024, is not a "crime of violence"
for sentencing purposes).

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.

Fernandez-Ruiz v. Gonzales,
410 F.3d 585 (9th Cir. June 1, 2005) (Arizona misdemeanor
conviction of domestic violence assault, in violation of Ariz.
Rev. Stat. § 13-1203(A)(1) or (2), which both require the
use, attempted use, or threatened use of physical force against
the person or property of another, therefore both qualify
as crimes of violence under 18 U.S.C.

Lara-Cazares v. Gonzales,
408 F.3d 1217 (9th Cir. May 23, 2005) (California conviction
of gross vehicular manslaughter while intoxicated, in violation
of Penal Code § 191.5(a), which can be committed by gross
negligence, does not qualify as a crime of violence within
the meaning of 18 U.S.C. § 16, and so does not constitute
a crime of violence aggravated felony under INA § 101(a)(43)(F),
8 U.S.C.

United States v. Nobriga,
408 F.3d 1178 (9th Cir. May 20, 2005) (per curiam) (Hawaii
conviction of abuse of a family or household member, in violation
of Haw. Rev. Stat. § 709-906(A), did not invariably constitute
a crime of domestic violence, under 18 U.S.C.

Valencia v. Gonzales, 406 F.3d
1154 (9th Cir. May 12, 2005) (California conviction of unlawful
sexual intercourse with a person under 18, in violation of
Penal Code § 261.5(c), with a five-year suspended sentence,
did not have as an element the use, attempt, or threat of
force, and so did not constitute a crime of violence aggravated
felony under 18 U.S.C. § 16(a), within the meaning of INA
§ 101(a)(43)(F), 8 U.S.C.

Valencia v. Gonzales, 406 F.3d
1154 (9th Cir. May 12, 2005) (California conviction of unlawful
sexual intercourse with a person under 18 (here 17), in violation
of Penal Code § 261.5(c), with a five-year suspended sentence,
constituted a crime of violence aggravated felony under 18
U.S.C. § 16(b), within the meaning of INA 101(a)(43)(F),
8 U.S.C.

United States
v. Cortez-Arias, 415 F.3d 977 (9th Cir. Apr. 18, 2005) (California
conviction of shooting at inhabited dwelling, in violation
of Penal Code § 246, was a conviction for a "crime of
violence" for sentencing purposes following prosecution
for illegal re-entry).

Penuliar v. Ashcroft, 395
F.3d 1037 (9th Cir. Jan. 12, 2005) (California conviction
of evading an officer, in violation of Vehicle Code § 2800.2(a),
was not a crime of violence, within the meaning of INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), because the statute and charge
were both overbroad with respect to the aggravated felony
definition of a crime of violence by encompassing merely negligent
conduct).

United States v. Contreras-Salas,
387 F.3d 1095 (9th Cir. Nov. 3, 2004) (Nevada conviction of
child abuse under Nev. Rev. Statutes § 200.508 does not qualify
as a crime of violence for purposes of enhancement of sentence
for unlawful re-entry after deportation, since statute may
be violated by negligence alone, and record of conviction
was unclear as to level of intent).