Summary
This Ninth Circuit opinion reviews a petition for review of a Board of Immigration Appeals decision denying Romio Villagomez’s request to remain in the United States. The panel held that Villagomez’s conviction for felony battery resulting in substantial bodily harm under Nevada law categorically qualifies as a “crime of violence” and an aggravated felony under federal immigration statutes. Relying on binding precedent, the court concluded that inflicting substantial bodily harm necessarily requires Johnson-level physical force deployed intentionally against another person, satisfying the elements clause of 18 U.S.C. § 16(a). Consequently, the court affirmed the Board’s removability determination.
Topics
Practice areas
Questions Presented
- Whether N.R.S. §200.481(2)(b) constitutes a crime of violence under 8 U.S.C. §1101(a)(43)(F).
- Whether the statute’s mens rea satisfies the crime‑of‑violence requirement.
Holdings
- Nevada felony battery resulting in substantial bodily harm is categorically a crime of violence and therefore an aggravated felony.
- The general‑intent mens rea of the Nevada battery statute is sufficient to satisfy the crime‑of‑violence requirement.
Key quotations
“A “crime of violence” is a crime “that has as an element the use, attempted use, or threatened use of physical force against the person or property of another.” 18 U.S.C. § 16(a).” (at ___)
“Physical force is “force capable of causing physical pain or injury to another person,” but requires more than “a mere unwanted touching.” Johnson v. United States, 559 U.S. at 142.” (at ___)
Factual background
Romio Villagomez, a citizen of the Federated States of Micronesia, was convicted in Nevada of felony battery resulting in substantial bodily harm under N.R.S. §200.481(2)(b). While unlawfully present in the United States, he was placed in removal proceedings and the conviction was deemed a crime of violence, leading to an order of removal. The Board of Immigration Appeals affirmed the removal order, and Villagomez appealed.
Procedural history
The Immigration Judge held Villagomez’s Nevada felony battery conviction was a crime of violence and ordered removal. The Board of Immigration Appeals dismissed Villagomez’s appeal. Villagomez filed a petition for review with this Court.