Aggravated Felony Analysis

Miscellaneous notes on aggravated felonies:

A crime can be considered an aggravated felony if it is a crime of violence. Circuit courts are split on whether an offensive touching can involve the use of force so that it can be considered a crime of violence. Four circuit courts have ruled it cannot be a crime of violence: Gonzalez-Garcia v. Gonzales, No. 04-60385 (5th Cir. Feb. 14, 2006); United States v. Arnold, 58 F.3d 1117, 1122 n. 4 (6th Cir. 1995); Flores v. Ashcroft, 350 F.3d 666, 672 (7th Cir. 2003); Singh v. Ashcroft, 386 F.3d 1228, 1234 (9th Cir. 2004). Two Circuits, on the other hand, have found that offensive physical contact does involve the “use of force.” See United States v. Nason, 269 F.3d. 10, 20 (1st Cir. 2001); United States v. Smith, 171 F.3d 617, 621 n.2 (8th Cir. 1999).