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Flores v. Ashcroft

Facts

Flores pleaded guilty in Indiana to battery, a misdemeanor defined as any touching in a rude, insolent, or angry manner. He received a one-year sentence because bodily injury ensued. Flores admitted at a removal hearing that the victim was his wife. The police report shows that Flores attacked and beat his wife, leading to the prosecution and sentence.

Flores pleaded guilty in Indiana to battery, a misdemeanor, which in that state is any touching in a rude, insolent, or angry manner. Ind. Code 35-42-2-1. He received a one-year sentence because bodily injury ensued. Flores admitted at a removal hearing that the victim was his wife.

Issue

How should the offense created by Ind. Code 35-42-2-1 be classified for purposes of 237(a)(2)(E)?

How should the offense created by Ind. Code 35-42-2-1 be classified for purposes of 237(a)(2)(E)?

Rule

The term 'crime of violence' under 16(a) requires that the offense have as an element the use, attempted use, or threatened use of physical force against the person or property of another.

The term 'crime of violence' means-(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or (b) any other offense that is a felony and 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.

Analysis

The court applied the rule by focusing on the statutory elements of Flores's conviction rather than his actual conduct. It determined that the elements of the battery offense did not meet the federal definition of a 'crime of violence' because the offense could be committed with minimal force, such as a mere touch, which does not constitute violent behavior.

The problem with that approach lies in the language of 16(a), which specifies that the offense of conviction must have 'as an element' the use or threatened use of physical force. Section 16 adopts a charge-offense rather than a real-offense approach, as is common to recidivist statutes.

Conclusion

The court concluded that Flores's conviction could not be classified as a crime of violence, thus vacating the order of removal.

The order of removal is vacated, and the matter is remanded to the Board.

Who won?

Flores prevailed in the case because the court found that his misdemeanor conviction did not meet the federal definition of a crime of violence, which was necessary for his removal.

Flores prevailed in the case because the court found that the elements of petitioner's battery conviction could not properly be viewed as a 'crime of violence' under 16 involving a spouse or other domestic partner as a victim.

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