Book updates to AF (Aggravated Felonies)

CRIME OF VIOLENCE - ASSAULT WITH INJURY

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

CRIME OF VIOLENCE - MANSLAUGHTER

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).

jurisdiction: 
Lower Courts of Second Circuit

CRIME OF VIOLENCE - USE OF INTERSTATE COMMERCE FACILITIES FOR MURDER FOR HIRE

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.

jurisdiction: 
Third Circuit

CRIME OF VIOLENCE - SIMPLE ASSAULT

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

CRIME OF VIOLENCE - RECKLESS ENDANGERMENT

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.

jurisdiction: 
Third Circuit

CRIME OF VIOLENCE - CHILD ABUSE WITH INJURY

Mathews v. Reno, 52
F.Supp.2d 195 (D.Mass. May 18, 1999) (Rhode Island conviction
of second-degree child abuse, the infliction upon a child
of any "serious physical injury," in violation of
R.I. Gen. Laws § 11-9-5.3(2), constitutes a crime of violence
under 18 U.S.C. § 16(a), and is considered an aggravated felony
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for
immigration purposes).

jurisdiction: 
Lower Courts of First Circuit

CRIME OF VIOLENCE - ASSAULT ON OFFICER

Rowe v. INS, 45 F.Supp.2d
144 (D.Mass. Apr. 30, 1999) (conviction for assault and battery
of a police officer is an aggravated felony as defined by
INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for purposes
of deportation).

jurisdiction: 
Lower Courts of First Circuit

CRIME OF VIOLENCE - STATUTORY RAPE

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

CRIME OF VIOLENCE - FIRST DEGREE UNLAWFUL IMPRISONMENT

Dickson v.
Ashcroft, 346 F.3d 44 (2d Cir. Sept. 9, 2003) (New York conviction
of unlawful imprisonment in the first degree, in violation
of N.Y. Penal Law § 135.10, with indeterminate sentence of
one to three years, held not to be an aggravated felony crime
of violence within the meaning of INA § 101(a)(43)(F), 8 U.S.C.

jurisdiction: 
Second Circuit

CRIME OF VIOLENCE - SECOND DEGREE MANSLAUGHTER

Jobson v. Ashcroft,
326 F.3d 367 (2d Cir. Apr. 22, 2003) (New York conviction
of manslaughter in the second degree, under N.Y.P.L. § 125.15(1),
is not a crime of violence under 18 U.S.C. § 16(b) and thus
is not an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C.

jurisdiction: 
Second Circuit

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