Unpub. BIA: Head-Butting a Peace Officer Not a CIMT

"Although we find no clear error in the Immigration Judge's decision to credit the police report, we respectfully disagree with his conclusion that the conduct described therein is a CIMT.  In order for assault on a police officer to qualify as a CIMT, there must be an intentional act combined with a meaningful level of bodily harm to the victim; placing a victim in fear of harm is not sufficient.  See Matter of Danesh, supra, at 673 (holding that aggravated assault on a peace officer under Texas law was a CIMT because the statute required proof that the officer suffered "bodily injury," an element which established that the crime was "more serious than a simple assault. ").  Although the police report at issue here reflects that the respondent head butted  the arresting officer, it does not establish (or even suggest) that he thereby caused her any bodily injury.  In short, the evidence cited by the Immigration Judge does not show that the respondent was convicted of committing an offense that qualifies as a CIMT." - Matter of X-, Aug. 21, 2012, unpub.  [Hats off to Sonali Patnaik!]

- Sonali Mehta Patnaik