The Third Circuit has determined a conviction under 18 U.S.C. § 1959(a)(6) (conspiracy to commit assault with a dangerous weapon) is not a crime of violence aggravated felony, not a conspiracy-related aggravated felony (which requires an overt act, an element not required by the federal conspiracy statute), and not a racketeering offense. The court also remanded the petitioner’s claim for protection under the Convention Against Torture, which was premised on the harm he would suffer as a former gang member if he were to be deported to El Salvador. The court emphasized that the Salvadoran government may acquiesce to torture by gang members, even if it is actively opposing gang members, if it is unable to prevent the harm.
The full text of Quinteros v. Attorney General can be found here:
https://www2.ca3.uscourts.gov/opinarch/183750p.pdf