United States v. Reve,
241 F.Supp.2d 470 (D.N.J. Jan. 31, 2003) (New Jersey conviction
of sexual assault, defined as committing an act of sexual
penetration with a victim who is at least thirteen but less
than sixteen years old and the actor is at least four years
older than the victim, in violation of former N.J.S.A. § 2C:14-2(c)(5)
(1995), recodified, N.J.S.A. § 2C:14-2(c)(4) (Supp.

United States
v. Gebele, 117 F.Supp.2d 540, 544 (W.D.Va. Oct. 13, 2000)
(Massachusetts conviction of Assault and Battery by Means
of a Dangerous Weapon, with a sentence of five years and one
day, was a "crime of violence" under 18 U.S.C. §
16(b) and therefore constituted an aggravated felony under
INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for purposes
of enhancing an illegal re-entry sentence).

16(b) Garcia v. Gonzales, ___ F.3d ___,
2006 WL 2061819 (4th Cir. Jul. 26, 2006) (New York conviction
of second-degree assault, in violation of N.Y. Penal Law §
120.05 ["recklessly causes serious physical injury to
another person by means of a deadly weapon or a dangerous
instrument"], does not constitute a "crime of violence"
under 18 U.S.C.

16(a) Garcia v. Gonzales, ___ F.3d ___,
2006 WL 2061819 (4th Cir. Jul. 26, 2006) (New York conviction
of second-degree assault, in violation of N.Y. Penal Law §
120.05 ["recklessly causes serious physical injury to
another person by means of a deadly weapon or a dangerous
instrument"], does not constitute an aggravated felony
"crime of violence" under 18 U.S.C.

Bejarano-Urrutia v.
Gonzales, 413 F.3d 444 (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 defendants 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.

Wireko v. Reno, 211 F.3d 833
(4th Cir. May 4, 2000) (Virginia conviction of misdemeanor
sexual battery, in violation of Va.Code 1950, § 18.2-67.4,
was a crime of violence, and therefore an aggravated felony
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for
immigration purposes precluding judicial review of a removal
order), distinguished by Guerrero-Perez v. INS, 242 F.3d 727
(7th Cir. Mar. 5, 2001).

United States v. Fierro-Reyna,
__ F.3d __ (5th Cir. Sept.

Greenidge v. INS, 204 F.Supp.2d
594 (S.D.N.Y. Nov. 29, 2001) (Arizona manslaughter conviction,
in violation of A.R.S. § 151-54, is a crime of violence, and
therefore an aggravated felony pursuant to INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F)), for removal purposes).

Ng v. Attorney General, 436 F.3d 392 (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.

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.