Matter of Velasquez
**Assault & battery/COV/crime of domestic violence, 18.2-57.2(A) of the Virginia Code Annotated**
The misdemeanor offense of assault and battery against a family or household member in violation of section 18.2-57.2(A) of the Virginia Code Annotated is not categorically a crime of violence under 18 U.S.C. § 16(a) (2006) and therefore not categorically a crime of domestic violence. In regard to crimes against the person, the “physical force” necessary to establish that an offense is a “crime of violence” for purposes of the INA must be “violent” force– force capable of causing physical pain or injury to another person. The key inquiry is not the alien’s intent for purposes of assault, but rather whether battery, in all cases, requires the intentional use of “violent force.” An offense cannot therefore be classified as a “categorical” crime of violence unless it includes as an element the actual, attempted, or threatened use of violent force that is capable of causing pain or injury. The crime of assault and battery in Virginia does not contain such a requirement.
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