Immigration Law and Social Justice (Aspen Casebook Series) by Bill Ong Hing & Jennifer M. Chacon & Kevin R. Johnson

Author:Bill Ong Hing & Jennifer M. Chacon & Kevin R. Johnson [Hing, Bill Ong]
Language: eng
Format: epub
Publisher: Wolters Kluwer
Published: 2017-09-12T22:00:00+00:00

NOTES AND QUESTIONS

1. Mr. H was convicted under Ariz. Rev. Stat. Ann. §13-1202(A)(3), which penalizes threatening or intimidating another to promote or participate in a criminal street gang, criminal syndicate, or racketeering enterprise. The relevant text of the Arizona statute provides that a person is guilty of violating the statute if he or she “threatens or intimidates by word or conduct … [t]o cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.” Applying the categorical approach, has Mr. H committed a CIMT?

Is the categorical approach the correct approach here, or does this case require the application of the modified categorical approach?

Assume for a moment that Mr. H was convicted for standing in a crowd and yelling “who wants to box?,” while exhibiting his “gang tattoos.” CIMT?

For related discussion, see Herrera v. Holder, 575 Fed. Appx. 781, 2014 WL 2186603 (9th Cir. 2014).

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