POPAL v. GONZALES

No. 04-2048.

416 F.3d 249 (2005)

Nazir Ahmad POPAL, Petitioner v. Alberto GONZALES, Attorney General of the United States; Bureau of Immigration & Customs Enforcement, Respondents.

United States Court of Appeals, Third Circuit.

Filed July 29, 2005.


Attorney(s) appearing for the Case

Matthew D. Baxter (Argued), Bespalov & Gross, P.C., Huntingdon Valley, PA, Daniel M. Pell, York, PA, for Petitioner.

Peter D. Keisler, Assistant Attorney General, Civil Division, Terri J. Scadron, Assistant Director, Hillel R. Smith (Argued), United States Department of Justice, Office of Immigration Litigation, Ben Franklin Station, Washington, DC, for Respondents.

Before FUENTES, VAN ANTWERPEN, and BECKER, Circuit Judges.


BECKER, Circuit Judge.

Nazir Ahmad Popal petitions for review of an order of the Board of Immigration Appeals (BIA) ordering him deported as an aggravated felon. The government maintains that Popal's crime of conviction, Pennsylvania simple assault, is a crime of violence under 18 U.S.C. § 16(a) and therefore renders him removable. We have recently held that crimes with a mens rea of recklessness do not constitute crimes of violence. Tran v. Gonzales...

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