Appellate Law

CA1: ?indecent assault and battery on a person fourteen years or older? is a ?crime of violence?

By S. COTUS

Ramirez v. Mukasey, No. 07-1655.  In this deportation case, the issue if whether a conviction under Mass. Gen. Laws ch. 265, § 13H for ?indecent assault and battery on a person fourteen years or older? is a ?crime of violence? under 8 U.S.C. § 1101(a)(43)(F).  Looking at Sutherland v. Reno, 228 F.3d 171 (2d Cir. 2000), the First says that ?by its nature, presents a substantial risk that force may be used in order to overcome the victim's lack of consent and accomplish the indecent touching.?  The First then says that it already concluded in United States v. Leahy, 473 F.3d 401 (1st Cir. [??])  that ?From there, we further deduced that such use of physical force created a substantial risk of physical injury.? 

Full post as published by Appellate Law and Practice on March 14, 2008 (boomark / email).