The Ninth Circuit has determined that federal convictions for assault resulting in serious bodily injury qualify as crimes of violence for federal sentencing purposes. “The least violent form of each offense is the threat to use violent physical force through the use of a dangerous weapon that reasonably caused a victim to fear immediate bodily injury, which u necessarily entails at least the ‘threatened use of violent physical force’ to qualify the offenses as crimes of violence.” Given the similar definition of a crime of violence for federal sentencing purposes and immigration purposes, this case could have persuasive impact in the immigration context.
The full text of U.S. v. Gobert can be found here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2019/11/26/17-35970.pdf