LexisNexis® Legal Newsroom
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...

CA1 on Agg. Fel., Crime of Violence: Villanueva v. Holder

"This is a petition for review of a Board of Immigration Appeals (BIA) determination that petitioner Fredy Villanueva is ineligible for consideration for discretionary relief from removal under a special program. The BIA's result depends on an analytical error, and petitioner is eligible for...

CA9 on Crime of Violence - INA Sec. 101(a)(43)(F) Void for Vagueness: Dimaya v. Lynch

"Petitioner James Garcia Dimaya seeks review of the Board of Immigration Appeals’ (BIA) determination that a conviction for burglary under California Penal Code Section 459 is categorically a “crime of violence” as defined by 8 U.S.C. § 1101(a)(43)(F), a determination which...

BIA on Term of Confinement: Matter of Calvillo Garcia, 26 I&N Dec. 697 (BIA 2015)

Matter of Calvillo Garcia, 26 I&N Dec. 697 (BIA 2015) - A term of confinement in a substance abuse treatment facility imposed as a condition of probation pursuant to article 42.12, section 14(a) of the Texas Code of Criminal Procedure constitutes a “term of confinement” under section...

CA7: 18 USC 16(b) Unconstitutionally Vague - USA v. Vivas-Ceja

USA v. Vivas-Ceja, Dec. 22, 2015 - "The district court concluded that Vivas-Ceja’s Wisconsin conviction for fleeing an officer was a crime of violence under § 16(b), raising the maximum sentence to 20 years. The court imposed a sentence of 21 months. Vivas-Ceja appeals, arguing that §...

CA9 on Crime of Violence, Agg. Fel. - Ramirez v. Lynch

Ramirez v. Lynch, Jan. 20, 2016 - "Our examination of the text of [California Penal Code] section 273a(a), the Shepard documents, and California case law reveals that the state need not prove that a defendant committed a violation of section 273a(a) under a particular prong; the four prongs are...

BIA - Matter of Guzman-Polanco, 26 I&N Dec. 713 (BIA 2016)

Matter of Guzman-Polanco, 26 I&N Dec. 713 (BIA 2016) - (1) For a State offense to qualify as a crime of violence under 18 U.S.C. § 16(a) (2012), the State statute must require as an element the use, attempted use, or threatened use of violent physical force. Matter of Martin, 23 I&N Dec...

CA6 on Crime of Violence, Void for Vagueness - Shuti v. Lynch

Shuti v. Lynch, July 7, 2016 - "In Johnson v. United States, 135 S. Ct. 2551 (2015), the Supreme Court held the Armed Career Criminal Act’s residual definition of “violent felony” void for vagueness. 18 U.S.C. § 924(e)(2)(B)(ii). In this case, we consider whether that pathmarking...

CA10 on 16(b) Crime of Violence: Golicov v. Lynch (DOJ's position 'baffling')

Golicov v. Lynch, Sept. 19, 2016 - "Petitioner Constantine Fedor Golicov, a lawful permanent resident of the United States, seeks review of an order of the Board of Immigration Appeals (BIA) concluding that his Utah state conviction for failing to stop at a police officer’s command renders...