DANG

Citations

• 28 I. & N. Dec. 541

Syllabus

(1) The Supreme Court's construction of \physical force\ in Johnson v. ‍United States, 559 U.S. 133 (2010), and Stokeling v. United States, 139 S.‍ Ct. 544 (2019), controls our interpretation of 18 ‍U.S.C. § ‍16(a) (2018), which is incorporated by reference into section 237(a)(2)(E)(i) of the Immigration and Nationality Act (\INA\), 8 U.S.C. §‍ 1227(a)(2)(E)(i) (2018) the Court's construction of \physical force\ in United States v. ‍Castleman, 572 U.S. 157 (2014), is inapplicable in this context. (2) Because misdemeanor domestic abuse battery with child endangerment under section 14:35.3(I) of the Louisiana Statutes extends to mere offensive touching, it is overbroad with respect to § 16(a) and therefore is not categorically a crime of domestic violence under section 237(a)(2)(E)(i) of the INA, 8 U.S.C. § ‍1227(a)(2)(E)(i).