Matter of CANCINOS-MANCIO, 28 I&N Dec. 708 (BIA 2023) Matter of CANCINOS-MANCIO, 28 I&N Dec. 708 (BIA 2023) - Under the modified categorical approach, an Immigration Judge may consider the transcript of a plea colloquy in determining the factual basis of a plea. "The transcript of the respondent’s change of plea hearing demonstrates that the factual basis for the respondent’s amended plea was for an aggravated assault with a deadly weapon under section 13-1204(A)(2) of the Arizona Revised Statutes, in which the underlying assault was committed by intentionally placing another person in reasonable apprehension of imminent physical injury under section 13-1203(A)(2). The respondent contends that this offense does not require the level of force necessary to constitute a crime of violence pursuant to 18 U.S.C. § 16(a). The Ninth Circuit, however, has held that a conviction for aggravated assault under sections 13-1203(A)(2) and 13-1204(A)(2) of the Arizona Revised Statutes
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