ALCANTAR

Citations

• 20 I. & N. Dec. 801

Syllabus

ALCANTAR, 20 I&N Dec. 801 (BIA 1994) ID 3220 (PDF) (1) An offense meetsthe definition of a \crime of violence\ under 18 U.S.C. §16(a) (1988), for purposes of determining whether it is an \aggravatedfelony\ as defined in section 101(a)(43) of the Immigration and NationalityAct, 8 U.S.C. § 1101(a)(43) (Supp. IV 1992), if the offense has asan element the use, attempted use, or threatened use of physical forceagainst the person or property of another. (2) An offense meetsthe definition of a \crime of violence\ under 18 U.S.C. §16(b), for purposes of determining whether it is an \aggravated felony\under section 101(a)(43) of the Act, if the offense is a felony and ifthe \nature of the crime -- as elucidated by the generic elementsof the offense -- is such that its commission would ordinarily presenta risk that physical force would be used against the person or propertyof another\ irrespective of whether the risk develops or harm actuallyoccurs. (3) The respondent'sconviction for involuntary manslaughter under Ill. Rev. Stat. ch. 38,para. 9-3(a) (1992), for which he was sentenced to 10 years in prison,constituted a \crime of violence\ under 18 U.S.C. § 16(b),and an \aggravated felony\ as defined in section 101(a)(43)of the Act.