Ali Karimi v. Eric Holder, Jr.
715 F.3d 561
4th Cir.2013Background
- Karimi, Afghan asylum seeker, entered the U.S. in 1990 and was granted asylum in 1999.
- In October 2007, Karimi was arrested in Maryland for DUI and allegedly grabbed Officer MacKenzie’s hand while belligerent at the station.
- In March 2008, Karimi pleaded guilty to DUI and misdemeanor second-degree assault under Maryland law; the plea was based on grabbing and spitting, with the officer alleging he jumped and acted as if to strike.
- Karimi was sentenced to three years for the assault, with most of it suspended; DUI term was one year concurrently and suspended.
- The DHS sought to terminate asylum based on Karimi’s Maryland second-degree assault conviction, asserting it was an aggravated felony and crime of violence under 18 U.S.C. § 16.
- The IJ and later the BIA held the Maryland conviction qualified as a crime of violence, rendering Karimi removable as an aggravated felon; Karimi petitioned for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Maryland second-degree assault is a crime of violence under § 16(a). | Karimi argues the conviction does not necessarily involve violent force. | The government contends the plea and supporting documents show violent force. | No; the record does not prove the conviction necessarily involved violent force. |
| Whether the modified categorical approach applies to Maryland second-degree assault. | Karimi disputes reliance on Shepard-based documents to prove violence. | The government relies on Shepard-approved materials to show violent intent. | Not sustaining under either approach; the modified categorical approach does not apply to this statute as used here. |
| Whether the government met its burden to prove Karimi removable as an aggravated felon. | Karimi contends the government failed to prove a crime of violence beyond reasonable doubt. | The government argues the plea documents show violent force. | The government failed to prove by clear and convincing evidence that Karimi’s assault necessarily involved violent force. |
Key Cases Cited
- Leocal v. Ashcroft, 543 U.S. 1 (2004) (defines physical force for crime of violence)
- Johnson v. United States, 130 S. Ct. 1268 (2010) (physical force means violent force capable of injury)
- Shepard v. United States, 544 U.S. 13 (2005) (use of trial documents to determine conduct underlying plea)
- Descamps v. United States, 570 U.S. 254 (2013) (modifies application of categorical approach to divisible vs non-divisible statutes)
- Mbea v. Gonzales, 482 F.3d 276 (2007) (explains standard for crime of violence in immigration context)
- Gomez v. United States, 690 F.3d 194 (2012) (limits modified categorical approach for Maryland second-degree assault)
- United States v. Alston, 611 F.3d 219 (2010) (admissibility of facts in conviction for crime of violence analysis)
- Torres-Miguel v. United States, 701 F.3d 165 (2012) (proper use of the modified categorical approach)
- United States v. Harcum, 587 F.3d 219 (2009) (Maryland second-degree assault and violence analysis)
- United States v. Simms, 441 F.3d 313 (2006) (consideration of charging documents in § 16 analysis)
- Soliman v. Gonzales, 419 F.3d 276 (2005) (immigration removability and aggravated felonies framework)
- United States v. Donnell, 661 F.3d 890 (2011) (framework analogies for violence determinations)