Book updates to AF (Aggravated Felonies)

MAYHEM - CRIME OF VIOLENCE

Ruiz-Morales v. Ashcroft, 361 F.3d 1219
(9th Cir. Mar. 24, 2004) (California conviction of mayhem,
under California Penal Code § 203, punishing unlawful and
malicious disfigurement or dismemberment, is an aggravated
felony crime of violence for immigration purposes).

jurisdiction: 
Ninth Circuit

BATTERY - CRIME OF VIOLENCE

United States v. Belless, 338 F.3d 1063
(9th Cir. Aug. 11, 2003) (Wyoming battery conviction: domestic
relationship not a required element in order for Wyoming battery
conviction to serve as a predicate offense under the 18 U.S.C.

jurisdiction: 
Ninth Circuit

ASSAULT WITH DANGEROUS WEAPON - CRIME OF VIOLENCE

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).

jurisdiction: 
Lower Courts of Fourth Circuit

ASSAULT - 18 USC 16(a) - CRIME OF VIOLENCE

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.

jurisdiction: 
Fourth Circuit

ASSALUT - 18 USC 16(b) - CRIME OF VIOLENCE

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.

jurisdiction: 
Fourth Circuit

ASSAULT ON POLICE OFFICER - CRIME OF VIOLENCE

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

jurisdiction: 
Fifth Circuit

AGGRAVATED BATTERY WITH DEADLY WEAPON - CRIME OF VIOLENCE

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

jurisdiction: 
Fifth Circuit

MANSLAUGHTER, ABORTION - CRIME OF VIOLENCE

Matter of Vargas-Sarmiento, 23
I. & N. Dec. 651, 654 (BIA Feb. 5, 2004) (New York conviction
of first-degree manslaughter, abortion, in violation of Penal
Law § 125.20(3), does not constitute a crime of violence and
is therefore not an aggravated felony for immigration purposes,
under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)).

jurisdiction: 
BIA

ASSAULT - CRIME OF VIOLENCE

United States v. Cordoza-Estrada, 385
F.3d 56 (1st Cir. Sept. 29, 2004) (New Hampshire conviction
of simple assault for punching a man in the face and breaking
his nose, with a sentence to twelve months of imprisonment
with ten months suspended, constituted an aggravated felony
crime of violence conviction, under INA § 101(a)(43)(F), 8
U.S.C. § 1101(a)(43)(F), triggering an eight-level enhancement
of sentence under U.S.S.G.

jurisdiction: 
First Circuit

ASSAULT - CRIME OF VIOLENCE

United States v. Nason, 269 F.3d 10, 20
(1st Cir. Oct. 19, 2001) (Maine conviction for assault, under
17-A M.R.S.A. § 207 qualifies as a "crime of violence"
for purposes of 18 U.S.C.

jurisdiction: 
First Circuit

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