Assault may not be a crime of violence

2/26/2016

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

The Board held that regardless of the name of the statute it is not a crime of violence unless an element of the crime is the use, attempted use or threatened use of violent physical force. The Board withdrew Matter of Martin, 23 I&N Dec. 491 (BIA 2002).

Thus a conviction for the crime of aggravated battery under the Puerto Rico Penal Code is not a crime of violence because it does not require the use of physical force.

6 Comments

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7/14/2016 08:20:07 pm

The board held that paying little heed to the name of the statute it is not a wrongdoing of viciousness unless a component of the wrongdoing is the utilization, endeavored utilize or debilitated utilization of savage physical power.

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7/20/2016 04:57:11 pm

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2/12/2017 10:18:14 pm

I totally agree, assault may not be a crime of violence but it is a crime of humanity, pride, and life. However, I certainly do not support the Puerto Rico Penal Code. Assault is a crime and the only answer to it is imprisonment.

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6/10/2017 02:33:08 am

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Assault may not be a crime of violence

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