The BIA ruled that as a crime of violence under 18 USC §16(a), the state statute must require as an element the use, attempted use, or threatened use of violent physical force. The BIA further held that the crime of aggravated battery under the Puerto Rico Penal Code, which may be committed by means that do not require the use of violent physical force, is not categorically a crime of violence under 18 USC §16(a).

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Crime of Violence further defined