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statutepleafelonyasylum
statutepleafelonyasylum

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Karimi v. Holder

Facts

Karimi, a native and citizen of Afghanistan, entered the United States in 1990 and was granted asylum in 1999. In October 2007, he was arrested for driving under the influence and became belligerent at the police station, grabbing an officer's hand and allegedly spitting on her. He pleaded guilty to DUI and second-degree assault, which is defined broadly in Maryland to include minor touching. The Department of Homeland Security later moved to terminate his asylum based on this conviction, leading to the removal proceedings.

Karimi, a native and citizen of Afghanistan, entered the United States in 1990 and was granted asylum in 1999. In October 2007, he was arrested for driving under the influence and became belligerent at the police station, grabbing an officer's hand and allegedly spitting on her. He pleaded guilty to DUI and second-degree assault, which is defined broadly in Maryland to include minor touching. The Department of Homeland Security later moved to terminate his asylum based on this conviction, leading to the removal proceedings.

Issue

Whether Karimi's 2008 Maryland second-degree assault conviction was for a 'crime of violence' as defined by 18 U.S.C. 16, and thus an aggravated felony under 8 U.S.C. 1101(a)(43)(F) that renders Karimi removable.

Whether Karimi's 2008 Maryland second-degree assault conviction was for a 'crime of violence' as defined by 18 U.S.C. 16, and thus an aggravated felony under 8 U.S.C. 1101(a)(43)(F) that renders Karimi removable.

Rule

A 'crime of violence' is defined as 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 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.

A 'crime of violence' is defined as 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 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 modified categorical approach to determine whether Karimi's conviction constituted a crime of violence. It found that Maryland's second-degree assault statute encompasses both violent and nonviolent conduct, and since the specific conduct underlying Karimi's conviction (grabbing a police officer's hand) did not involve the use of violent force, the government failed to meet its burden of proving that the conviction was for a crime of violence.

The court applied the modified categorical approach to determine whether Karimi's conviction constituted a crime of violence. It found that Maryland's second-degree assault statute encompasses both violent and nonviolent conduct, and since the specific conduct underlying Karimi's conviction (grabbing a police officer's hand) did not involve the use of violent force, the government failed to meet its burden of proving that the conviction was for a crime of violence.

Conclusion

The court concluded that Karimi's second-degree assault conviction did not constitute a crime of violence and therefore vacated the BIA's order of removal, remanding the case with instructions to reinstate his asylee status.

The court concluded that Karimi's second-degree assault conviction did not constitute a crime of violence and therefore vacated the BIA's order of removal, remanding the case with instructions to reinstate his asylee status.

Who won?

Karimi prevailed in the case because the court found that the government did not prove that his conviction constituted a crime of violence, which is necessary for his removability.

Karimi prevailed in the case because the court found that the government did not prove that his conviction constituted a crime of violence, which is necessary for his removability.

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