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.

United States v. Stapleton,
440 F.3d 700 (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).

United States v. Hernandez-Hernandez,
431 F.3d 1212 (9th Cir. Dec. 16, 2005) (California conviction
of felony false imprisonment, in violation of Penal Code §
236, 237 constitutes a divisible statute, encompassing some
offenses that constitute crimes of violence within the meaning
of U.S.S.G.

United States
v. Pimental-Flores, 339 F.3d 959 (9th Cir. Aug. 11, 2003)
(Washington conviction of third degree assault in violation
of court order, under Rev. Code of Washington § 26.50.110(4),
may fail to trigger a 16-level illegal re-entry sentence enhancement,
as a crime of violence under U.S.S.G. § 2L1.2 (2001), because
the statute proscribes merely negligent assault).

United States
v. Gonzalez-Tamariz, 310 F.3d 1168 (9th Cir. Nov. 18, 2002)
(Nevada conviction of battery causing substantial bodily harm,
in violation of Nev.Rev.St. § 200.481, constituted aggravated
felony under INA § 101(a)(43)(F), 8 U.S.C.

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.

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

United States v. Velasco,
___ F.3d ___, 2006 WL 2729670 (5th Cir. Sept. 27, 2006) (Illinois
conviction for aggravated battery, under 720 IL. COMP. STAT.

Andrade v. Gonzales, __ F.3d __ (5th Cir. Aug. 1, 2006) (Massachusetts
conviction of battery, in violation of Mass. Gen. Laws Ch.
265, § 13A, although divisible, is found in this case
to be an aggravated felony crime of violence under INA §
101(a)(43)(F), as falling under 18 U.S.C. § 16(a), where
the conviction "also concerned a violation of a domestic
abuse protective order.")

Larin-Ulloa v. Gonzales, __ F.3d __, 2006
WL 2441387 (5th Cir. Aug. 24, 2006) (Kansas conviction of
aggravated battery under Kan. Stat. Ann. 21-3414(a)(1)(C),
defined as intentional physical contact with a deadly weapon
in a rude, insulting or angry manner defines a crime which
is categorically a "crime of violence," under 18
U.S.C. § 16(b) and thus an aggravated felony for removal
purposes).