18 U.S.C. § 16
Crime of violence defined
For information regarding the constitutionality of this section, as added by section 1001(a) of Pub. L. 98–473, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.
Notes of Decisions
Cited in 2,398
cases (362 in the last 5 years), 1973–2026 · leading case: United States v. Gregorio Gonzalez-Longoria
United States v. Gregorio Gonzalez-Longoria (2016)
“HIGGINSON, Circuit Judge, joined by DAVIS, JONES, SMITH, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, and COSTA, Circuit Judges: This case presents the question whether the “crime of violence” definition provided by 18 U.S.C. § 16 (b), when incorporated by reference into…”
Fernandez-Ruiz v. Gonzales (2006)
“GONZALES panel went on to hold that Fernandez-Ruiz’s class two misde- meanor domestic violence offense constituted a crime of vio- lence under 18 U.S.C. § 16 (a) and rendered him removable under 8 U.”
James Dimaya v. Loretta E. Lynch (2015)
“Reaffirming that a noncitizen may bring a void for vagueness challenge to the definition of a crime of violence in the Immigration and Nationality Act, the panel held that the language in 18 U.S.C. § 16 (b), which is incorporated into § 1101(a)(43)(F)’s definition of a crime of…”
United States v. Vargas-Duran (2003)
“2001), in which we applied a categorical approach and held that a Texas felony conviction for driving while intoxicated (DWI) was not a “crime of violence” under 18 U.S.C. § 16 (b) because the offense did not involve “recklessness as regards the substantial likelihood that the…”
United States v. Joseph Simms (2019)
“at 7 (interpreting 18 U.S.C. § 16 (b) to “require[]” categorical analysis); see also United States v.”
MARTIN (2002)
“Department of Justice Executive Office for Immigration Review Board of Immigration Appeals The offense of third-degree assault in violation of section 53a-61(a)(1) of the Connecticut General Statutes, which involves the intentional infliction of physical injury upon another, is…”
United States v. Gregorio Gonzalez-Longoria (2016)
“GRADY JOLLY, Circuit Judge: In this appeal, we address for the first time whether 18 U.S.C. § 16’s statutory definition of “crime of violence” is unconstitutionally vague.”
Sessions v. Dimaya (2018)
“An aggravated felony includes “a crime of vio- lence (as defined in [ 18 U. S. C. §16 ] . . . ) for which the term of im- prisonment [is] at least one year.”
Irma Ovalles v. United States (2018)
“Section 16's residual clause is similar to the clause invalided in Johnson and essentially identical to § 924(c)(3)'s residual clause at issue here.”
United States v. Gomez-Leon (2008)
“" [7] See 18 U.S.C. § 16 ; U.S.S.G. § 2L1.2 cmt. 1(B)(iii); U.”
United States v. Bell (2016)
“The Ninth Circuit has since extended this definition of “physical force” to other generic offense provisions, including 18 U.S.C. § 16 (a) and U.S.S.G. § 2L1.2, both of which define “crime of violence” using language that is identical or essentially identical to that used in the…”
United States v. Voisine (2015)
“Six cases analyzed 18 U.S.C. § 16 . In Oyebanji v. Gonzales, 418 F.”
— 18 U.S.C. § 16(a) — 2 cases
DAMASO-MENDOZA v. Holder (2011)
Senthil Manalan v. State (2019)
— 18 U.S.C. § 16(b) — 12 cases
Altin Shuti v. Loretta Lynch (2016)
United States v. Bell (2016)
“The Ninth Circuit has since extended this definition of “physical force” to other generic offense provisions, including 18 U.S.C. § 16 (a) and U.S.S.G. § 2L1.2, both of which define “crime of violence” using language that is identical or essentially identical to that used in the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.