United States Fourth Circuit

Decision holding petitioner eligible for deportation, after equating peititioner's conviction for reckless assault in the second degree with a crime of violence, is vacated as it is contrary to the Supreme Court's and Fourth Circuit's definitions of a "crime of violence" for the purposes of 18 U.S.C. section 16.

Appellate Information

• Argued 03/15/2006
• Decided 07/26/2006
• Published 07/26/2006

Judges

• Before WIDENER and WILLIAMS, Circuit Judges, and WILLIAM L. OSTEEN, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  George Millington Clarke, III, Baker & McKenzie, L.L.P., Washington, DC, for Petitioner.  Joanne Elizabeth Johnson, United States Department of Justice, Civil Division, Washington, DC, for Respondent.   ON BRIEF:  David J. Laing, Baker & McKenzie, L.L.P., Washington, DC;  Mary Holper, Cair Coalition, Washington, DC, for Petitioner.  Peter D. Keisler, Assistant Attorney General, Civil Division, James E. Grimes, Senior Litigation, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for Respondent.