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).
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.
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).
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.
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.
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)).
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.
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.