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  • Joseph Caraccio

Second Circuit - Assault in Second Degree NYPL 120.05(1) is Crime of Violence 18 U.S.C. 16(a) is AF

Thompson v. Garland, No. 17-3494 (2d Cir. 2021)

Decision issued on April 22, 2021


The Second Circuit denied a petition for review of the BIA's decision dismissing petitioner's appeal from the IJ's order removing him on the ground that he had been convicted of an aggravated felony crime of violence.


The court concluded that petitioner's conviction for second-degree assault under New York Penal Law 120.05(1) is a crime of violence as defined in 18 U.S.C. 16(a). In this case, petitioner's conviction for second-degree assault meets section 16(a)'s physical force requirement because NYPL 120.05(1) requires that a defendant


(1) cause a serious physical injury to another;

(2) with the intent to do so. The court explained that a person who causes serious physical injury with the intent to do so, in violation of NYPL 120.05(1), necessarily uses physical force. Finally, the court rejected defendant's contention that NYPL 120.05(1) is overbroad.

Read full decision of the court here.





This means that a conviction under NYPL 120.05(1) has extremely serious immigration consequences as an aggravated felony and will disqualify you from most forms of relief in removal proceedings.


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