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Yi v. Holder

October 30, 2009

**Crime of violence,  Anchorage Municipal Code section 8.10.010(B)(1)/domestic violence assault** 

Yi’s conviction under AMC § 8.10.010(B)(1) does not support his removal as a “crime of violence.”  Under the categorical approach, Yi’s conviction does not support the charge of removability because AMC § 8.10.010(B)(1) prohibits both the “intentional” and “reckless” use of force against another, and is therefore broader than the federal definition of a crime of violence.  In addition, the limited documents in the record of conviction fail to establish whether Yi admitted to intentionally or recklessly assaulting his brother.
 
 http://www.ca9.uscourts.gov/datastore/memoranda/2009/10/30/08-71173.pdf

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