The Ninth Circuit has determined that a Washington conviction for harassment by making a threat to kill qualifies as a crime of violence under the federal sentencing guidelines because it necessary entails the use of violent force.
In its analysis of the harassment conviction, the Court noted some perceived tension with its decision in US v. Valdivia-Flores, in which it noted that it is possible that no Washington state conviction will qualify as an aggravated felony for immigration purposes. The Court noted the mode of analysis employed in Valdivia-Flores is more akin to the analysis employed under the enumerated offenses clause, rather than the force clause, of the sentencing guidelines. Thus, this is one of those cases that immigration practitioners will want to carefully scrutinize to evaluate if it is determinative as to whether a Washington harassment conviction qualifies as a crime of violence aggravated felony for immigration purposes.
The full text of US v. Door can be found here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2019/03/12/17-30165.pdf