Eighth Circuit Determines that Missouri Second-Degree Domestic Assault is not a Crime of Violence

The Eighth Circuit has determined that a Missouri second-degree domestic assault conviction that criminalizes recklessly causing injury to a household member does not qualify as a crime of violence. The court noted that the statute encompassed reckless driving, which is outside the scope of a crime of violence under the federal sentencing guidelines. Given the similar definitions of a crime of violence under the sentencing guidelines and the immigration law, this case could have persuasive value in the immigration context.

The full text of US v. Harris can be found here:

http://media.ca8.uscourts.gov/opndir/18/11/172868P.pdf

Eighth Circuit Finds that Iowa Domestic Abuse Assault is a Crime of Violence

The Eighth Circuit determined that Iowa's domestic abuse assault statute is divisible between assault with a dangerous weapon and assault with intent to inflict serious injury.  It further determined that assault is divided into three subsections: 1) assault intended to cause pain or injury; 2) assault intended to place another in fear of immediate physical contact which will be painful, injurious, insulting, or offensive; and 3) assault involving a firearm.  Assault with intent to inflict serious injury under the first definition of assault qualifies as a crime of violence.

The full text of US v. Gaines can be found here:

http://media.ca8.uscourts.gov/opndir/18/07/171274P.pdf

Eighth Circuit Finds that MN Misdemeanor Domestic Assault is a Crime of Domestic Violence

The Eighth Circuit has determined that a Minnesota misdemeanor conviction for domestic assault is a crime of domestic violence under section 237(a)(2)(E)(i) of the INA.  The court noted that it had previously held that a conviction under this statute qualified as a violent felony under the Armed Career Criminal Act, which has an almost identical definition as a crime of violence.  Thus, the conviction disqualified the petition from seeking cancellation of removal for non-lawful permanent residents.

The full text of Ramirez-Barajas v. Sessions  can be found here:

http://media.ca8.uscourts.gov/opndir/17/12/164014P.pdf

In a second case, the court determined that subsection 2 of the statute is also a crime of domestic violence.

The full text of Onduso v. Sessions can be found here:

http://media.ca8.uscourts.gov/opndir/17/12/162164P.pdf