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99-3861, 99-3917 & 99-3922 Bazan-Reyes, et al. v. INS

By: dmc-admin//July 9, 2001//

99-3861, 99-3917 & 99-3922 Bazan-Reyes, et al. v. INS

By: dmc-admin//July 9, 2001//

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“Having found that sec. 16(b) is limited to crimes in which the offender is reckless with respect to the risk that intentional physical force will be used in the course of committing the offense, we turn our attention to the ultimate question of whether petitioners’ prior convictions qualify as crimes of violence under this interpretation. As we noted above, we apply a categorical approach in order to determine whether a conviction under a specific statute is a crime of violence. We look only to the generic elements of the statute, and determine if those elements, by their nature, give rise to a substantial risk that intentional physical force will be used in the course of perpetrating the offense. Because ‘[i]ntentional force … is virtually never employed to commit’ any of the offenses for which petitioners were convicted, Chapa Garza v. INS, 243 F.3d at 927, we find that petitioners convictions are not crimes of violence under sec. 16(b).”

Vacated and remanded.

Petitions for Review of an Order of the Board of Immigration Appeals, Kanne, J.

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