New 9th Circuit and BIA Immigration Cases

**Criminal complaint not a charging document; attempted aggravated assault is a crime of violence**

The BIA impermissibly relied on the criminal complaint as a charging document to establish what substance McCullock plead guilty to possessing and therefore erred in finding that McCullock’s 2000 Arizona conviction was for an offense relating to a controlled substance making him removable under INA §237(a)(2)(B)(i). Precedent under both the Ninth Circuit and Arizona Supreme Court hold that a complaint is not a charging document under Arizona law. McCullock’s 1995 conviction for attempted aggravated assault” in violation of A.R.S. § “13-1204(A)(2) is an aggravated felony as a crime of violence because Arizona’s definition of attempt is coextensive with the federal definition rather than broader than it.

http://www.ca9.uscourts.gov/datastore/memoranda/2009/09/10/07-72151.pdf