Damaine Antonio Jobson v. John Ashcroft, Attorney General of the United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that second-degree manslaughter was not a crime of violence, and thus was not an aggravated felony warranting an alien’s removal
• holding that offense was not crime of violence under section 16(b) where statutory definition of offense inherently covered “situations that do not involve any risk that the defendant will apply force to the victim”
• noting that \an offense need not require an actual use of force to come within section 16(b)'s reach\
• noting that “an offense need not require an actual use of force to come within section 16(b)’s reach”
• noting that burglary is a crime of violence “because a burglar of a dwelling risks having to use force if the occupants are home and hear the burglar” (internal quotation marks omitted)
• noting that “burglary is a crime of violence even though no force is used in a particular instance, because ‘a burglar of a dwelling risks having to use force if the occupants are home and hear the burglar’ ”

Source: CourtListener parenthetical corpus (CC0).