United States v. Hernandez-Rodriguez,
388 F.3d 779 (10th Cir. Nov. 12, 2004) (Utah misdemeanor conviction
for attempted riot, in violation of U.C.A. § 76-9-101, is
a crime of violence for purposes of imposing an eight-level
enhancement for previous conviction of an aggravated felony
under U.S.S.G. § 2L1.2(b)(1)(C), because the offense meets
the "crime of violence" definition in 18 U.S.C.
§ 16(a)).
Barnaby v. Reno, 142 F.Supp.2d 277
(D.Conn. May 9, 2001) (Connecticut conviction for failure
to appear when legally called, in violation of Conn.Gen. Stat.
Ann. § 53a-172, held not to be an aggravated felony, under
INA § 101(a)(43)(T), 8 U.S.C.
United
States v. Piccolo, 441 F.3d 1084 (9th Cir. Apr. 3, 2006) (Escape
conviction under 18 U.S.C. § 751(a), which includes failure
to return to a non-secured halfway house, is not necessarily
a crime of violence for federal armed career offender sentencing
purposes).
United States
v. Kelly, 422 F.3d 889 (9th Cir. Sept. 6, 2005) (Washington
conviction for attempting to elude a police vehicle, in violation
of R.C.W. § 46.61.024, is not a "crime of violence"
for sentencing purposes).
Penuliar v. Ashcroft, 395 F.3d
1037 (9th Cir. Jan. 12, 2005) (California conviction of evading
an officer, in violation of Vehicle Code § 2800.2(a), was
not a crime of violence, within the meaning of INA § 101(a)(43)(F),
8 U.S.C. § 1101(a)(43)(F), because the statute and charge
were both overbroad with respect to the aggravated felony
definition of a crime of violence by encompassing merely negligent
conduct).
Reyes-Alcaraz
v. Ashcroft, 363 F.3d 937 (9th Cir. Apr. 8, 2004) (California
conviction of exhibiting a deadly weapon with intent to resist
arrest, in violation of California Penal Code § 417.8, is
a crime of violence and thus an "aggravated felony"
under INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), for
immigration purposes).
United States v. Campos-Fuerte,
357 F.3d 956 (9th Cir. Feb. 4, 2004) (California conviction
of fleeing from an officer by driving a vehicle in a willful
or wanton manner, in violation of California Vehicle Code
§ 2800.2, constitutes a crime of violence under 18 U.S.C.
§ 16(b), and is therefore 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).
Bejacmar v. Ashcroft,
291 F.3d 735 (11th Cir. May 14, 2002) (conspiracy to commit
bank fraud, a violation of 18 U.S.C. § 371, constituted an
aggravated felony under INA § 101(a)(43)(M)(i), 8 U.S.C. §
1101(a)(43)(M)(i), since the loss exceeded $10,000).
Moore v. Ashcroft, 251 F.3d
919 (11th Cir. May 14, 2001) (federal conviction of misapplication
of bank funds, in violation of 18 U.S.C. § 656, constituted
aggravated felony under INA § 101(a)(43)(M)(i), 8 U.S.C. §
1101(a)(43)(M)(i) for removal purposes, since it necessarily
involves fraud or deceit and loss exceeded $10,000).
Matter of LS, 22 I. & N. Dec. 645 (BIA Apr.
16, 1999) (federal conviction of bringing illegal aliens into
the United States, in violation of INA § 274(a), 8 U.S.C.
§ 1324(a), is an aggravated felony under INA 101(a)(43)(N),
8 U.S.C. § 1101(a)(43)(N) for deportation purposes).