Book updates to AF (Aggravated Felonies)

CRIME OF VIOLENCE - BURGLARY

United States v. Murillo-Lopez, __
F.3d __ (5th Cir. Mar. 22, 2006) (California conviction
for burglary, in violation of Penal Code § 459, is a crime
of violence for purposes of 16-level sentence enhancement
upon conviction of illegal re-entry, where defendant admitted,
and did not dispute, that he was convicted of burglary of
a dwelling, specifically listed as a crime of violence under
U.S.S.G. § 2L1.2).

jurisdiction: 
Fifth Circuit

BURGLARY - CRIME OF VIOLENCE

United States v. Rodriguez-Rodriguez,
388 F.3d 466 (5th Cir. Oct. 15, 2004) (Texas conviction under
Penal Code § 30.02, burglary of a building, is not a crime
of violence for illegal re-entry sentencing purposes since
the statute does not require the use of force as an element).

jurisdiction: 
Fifth Circuit

BURGLARY OF BUILDING - CRIME OF VIOLENCE

United States v. Rodriguez-Rodriguez,
323 F.3d 317 (5th Cir. Feb. 27, 2003) (Texas conviction of
burglary of a building, in violation of Texas Penal Code Ann.
§ 31.07(a), is not a crime of violence within the meaning
of U.S.S.G.

jurisdiction: 
Fifth Circuit

POSSESSION OF STOLEN VEHICLE - RECEIVING STOLEN PROPERTY

Hernandez-Mancilla
v. INS, 246 F.3d 1002 (7th Cir. Apr. 11, 2001) (Illinois conviction
for possession of a stolen motor vehicle, in violation of
625 ILCS § 5/4-103(a)(1) a "theft offense," under
INA § 101(a)(43)(G), 8 U.S.C. 1101(a)(43)(G), and therefore
constituted an "aggravated felony" rendering noncitizen
deportable).

jurisdiction: 
Seventh Circuit

VEHICULAR ASSAULT - CRIME OF VIOLENCE

United States v. Grajeda-Ramirez,
348 F.3d 1123 (9th Cir. Nov. 12, 2003) (Colorado conviction
of reckless vehicular assault, in violation of Colo.Rev.Stat.
§ 18-3-205(1)(a), is a "crime of violence" for the
purposes of the U.S.S.G.).

jurisdiction: 
Ninth Circuit

THEFT OF MEANS OF TRANSPORTATION - THEFT OFFENSE

Penuliar v. Ashcroft,
395 F.3d 1037 (9th Cir. Jan. 12, 2005) (California conviction
of unlawful driving or taking a vehicle, in violation of Vehicle
Code § 10851(a), was not a theft offense, within the meaning
of INA § 101(a)(43)(G), 8 U.S.C.

jurisdiction: 
Ninth Circuit

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE

United States v. Rubio,
317 F.3d 1240 (11th Cir. Jan. 7, 2003) (driving under the
influence with serious bodily injury is a crime of violence
for purposes of the career offender provisions of the sentencing
Guidelines).

jurisdiction: 
Eleventh Circuit

DRIVING UNDER THE INFLUENCE WITH INJURY - CRIME OF VIOLENCE

Le v.
U.S. Atty. Gen., 196 F.3d 1352 (11th Cir. Dec. 3, 1999) (Florida
conviction of driving under the influence with serious bodily
injury, in violation of F.S.A. § 316.193(3), was a "crime
of violence," under 18 U.S.C. § 16(b), as required to
be an "aggravated felony" under INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), for immigration purposes).

jurisdiction: 
Eleventh Circuit

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE

Matter of Ramos, 23
I. & N. Dec. 336 (BIA Apr.

jurisdiction: 
BIA

DRIVING UNDER THE INFLUENCE - CRIME OF VIOLENCE

Matter of Olivares-Martinez,
23 I. & N. Dec. 148 (BIA July 3, 2001) (under United States
v. Chapa-Garza, 243 F.3d 921 (5th Cir. Mar. 1, 2001) and United
States v. Hernandez-Avalos, 251 F.3d 505 (5th Cir. May 11,
2001), a Texas conviction for felony DWI is not a crime of
violence under 18 U.S.C. § 16(b) (1994), and is therefore
not an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C.

jurisdiction: 
BIA

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