Board of Immigration Appeals· 7/1/2016

GUZMAN-POLANCO

Citations

26 I. & N. Dec. 806

Syllabus

GUZMAN-POLANCO, 26 I&N Dec. 806 (BIA 2016) The crime of aggravated battery in violation of the Puerto Rico Penal Code is not categorically a crime of violence under 18 U.S.C. § 16(a) (2012), but controlling circuit court law should be followed regarding the question whether conduct such as the use or threatened use of poison to injure another person involves sufficient \force\ to constitute a crime of violence. Matter of Guzman-Polanco, 26 I&N Dec. 713 (BIA 2016), clarified.

How courts have described this case

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

recognizing the circuit split regarding whether the indirect use of force satisfies the violent force requirement in Johnson and listing cases
“Our decision in Matter of Guzman-Polanco [I] should not be read as attempting to establish a nationwide rule addressing the scope of the use of force through indirect means; including poisoning. Rather, for our purposes, circuit law governs this issue.... ”

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