Is 2L1.2(b)(C) an "aggravated felony" based on the definition of the crime of violence?

MultiRegion, United States of America

The following excerpt is from United States v. Sandoval-Orellana, CASE NO. 11cr920-BEN (S.D. Cal. 2011):

At the same time, the less severe 2L1.2(b)(1)(C) "aggravated felony" "crime of violence" takes its broader definition from 18 U.S.C. 16. Of course 16 has two parts: (a) and (b). Section 16(a) is like 2L1.2(b)(1)(A)(ii) in that it includes a crime that has the use of force as an element. Section 16(b), however, sweeps more broadly and to include within its definition a crime that, "by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense." See Prakash v. Holder, 579 F.3d 1033, 1039 (9th Cir. 2009) (commenting in the immigration context on the "more expansive definition contained in 16(b)" for an "aggravated felony").

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