crime of violence

Posted on November 27, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Matter of Guzman-Polanco, 26 I&N Dec. 806 (BIA 2016)

The crime of aggravated battery in violation of the Puerto Rico Penal Code is not categorically a crime of violence under 18 U.S.C. § 16(a) (2012), but controlling circuit court law should be followed regarding the question whether conduct such as the use or threatened use of poison to injure another person involves sufficient “force” to constitute a crime of violence. Matter of Guzman-Polanco, 26 I&N Dec. 713 (BIA 2016), clarified.

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Filed under: crime of violence | Tagged: crime of violence, force, Immigration, Immigration Attorney, Immigration Lawyer, usc setion 16 | Leave a comment »

After 20 years of IIRAIRA – 9th Circuit rules that crime of violence definition is unconstitutionally vague

Posted on November 2, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Ninth Circuit granted the petition for review and remanded, holding that the language in 18 USC §16(b), which is incorporated into INA §101(a)(43)(F)’s definition of a “crime of violence,” was unconstitutionally vague. The court found that §16(b)’s language suffered from the same indeterminacy the U.S. Supreme Court found in the Armed Career Criminal Act’s (ACCA) “residual clause” definition of a violent felony in Johnson v. United States, and was thus void for vagueness.

Filed under: crime of violence | Tagged: 16b, Appeal, court of review, crime of violence, ninth circuit, unconsitutionally vague | Leave a comment »