Matter of GUERRERO, ID 3732, 25 I&N Dec. 631 (BIA 2011)

Matter of GUERRERO , ID 3732, 25 I&N Dec. 631 (BIA 2011) - (1) Because solicitation to commit a “crime of violence” is itself a crime of violence under 18 U.S.C. § 16(b) (2006), a felony conviction for solicitation to commit assault with a dangerous weapon in violation of section...

Matter of U. SINGH, ID 3738, 25 I&N Dec. 670 (BIA 2012)

Matter of U. SINGH, ID 3738, 25 I&N Dec. 670 (BIA 2012) - (1) A decision by a Federal court of appeals reversing a precedent decision of the Board of Immigration Appeals is not binding authority outside the circuit in which the case arises. (2) A stalking offense for harassing conduct in violation...

CA5 on crime of violence: USA v. Esparza-Perez

"Esparza-Perez’s conviction [Ark. Code § 5-13-204 (2003) agg. assault] does not constitute a crime of violence as the enumerated offense of “aggravated assault” for essentially the same reason the government concedes it does not, under existing precedent, constitute a crime...

CA9 on crime of violence: Flores-Lopez v. Holder

"Carlos Alberto Flores-Lopez petitions for review of a decision of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s decision finding that his conviction for resisting an executive officer in violation of section 69 of the California Penal...

CA5 on Crime of Violence: Rodriguez v. Holder

"[T]he issue before this court is whether a conviction under section 22.011(a)(1) of the Texas Penal Code is categorically a crime of violence under § 16(b), and we must determine “whether the crime inherently involves a substantial risk that intentional physical force may be used in...

BIA on Crime of Violence: Matter of Turou (unpub.)

"[W]e agree with the respondent's contention that pursuant to the Court's decision in Moncrieffe v. Holder, there is "a realistic probability, not a theoretical possibility," that the State of Delaware would apply its Assault in the Second Degree statute to conduct that falls outside...

CA4 (en banc) on Md. Resisting Arrest, Crime of Violence: U.S. v. Aparicio-Soria

"The issue before us is whether the Maryland crime of resisting arrest, Md. Code, Crim. Law § 9-408(b)(1), “has as an element the use, attempted use, or threatened use of physical force against the person of another,” and therefore qualifies categorically as a “crime of violence”...

Matter of CHAIREZ-Castrejon, 26 I&N Dec. 349 (BIA 2014)(Lanferman withdrawn)

Official headnotes, emphasis added: (1) The categorical approach, which requires a focus on the minimum conduct that has a realistic probability of being prosecuted under the statute of conviction, is employed to determine whether the respondent’s conviction for felony discharge of a firearm...