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Keywords

appealfelony
felony

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Morris v. Holder

Facts

Petitioner Connell Stanley Morris, a native and citizen of Saint Vincent and the Grenadines, was admitted to the United States as a lawful permanent resident. He was convicted of assault in the second degree pursuant to New York Penal Law 120.05(2) and of attempted criminal possession of a controlled substance. The Board of Immigration Appeals upheld the Immigration Judge's order for Morris's removal based on his assault conviction, classifying it as an aggravated felony.

Petitioner Connell Stanley Morris, a native and citizen of Saint Vincent and the Grenadines, was admitted to the United States as a lawful permanent resident. He was convicted of assault in the second degree pursuant to New York Penal Law 120.05(2) and of attempted criminal possession of a controlled substance.

Issue

Whether a conviction for second-degree assault pursuant to New York Penal Law 120.05(2) is a 'crime of violence' under 18 U.S.C. 16(b) and therefore an 'aggravated felony' for purposes of 101(a)(43)(F) of the Immigration and Nationality Act.

Whether a conviction for second-degree assault pursuant to New York Penal Law 120.05(2) is a 'crime of violence' under 18 U.S.C. 16(b) and therefore an 'aggravated felony' for purposes of 101(a)(43)(F) of the Immigration and Nationality Act.

Rule

Second-degree assault under New York Penal Law 120.05(2) constitutes a 'crime of violence' within the meaning of 18 U.S.C. 16(b) and an 'aggravated felony' under 8 U.S.C. 1101(a)(43)(F).

Second-degree assault under New York Penal Law 120.05(2) constitutes a 'crime of violence' within the meaning of 18 U.S.C. 16(b) and an 'aggravated felony' under 8 U.S.C. 1101(a)(43)(F).

Analysis

The court determined that Morris's conviction for second-degree assault involved the intentional use of physical force, which inherently presented a substantial risk of such force being used in the commission of the crime. The court applied the categorical approach to assess whether the elements of the offense met the definition of a crime of violence under federal law.

The court determined that Morris's conviction for second-degree assault involved the intentional use of physical force, which inherently presented a substantial risk of such force being used in the commission of the crime.

Conclusion

The court concluded that Morris's second-degree assault conviction was indeed a crime of violence and affirmed the BIA's decision, dismissing the petition for review.

The court concluded that Morris's second-degree assault conviction was indeed a crime of violence and affirmed the BIA's decision, dismissing the petition for review.

Who won?

The government prevailed in the case as the court upheld the BIA's decision to deny Morris's petition for cancellation of removal based on his aggravated felony conviction.

The government prevailed in the case as the court upheld the BIA's decision to deny Morris's petition for cancellation of removal based on his aggravated felony conviction.

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