The Second Circuit has determined that a Connecticut first-degree assault conviction is a crime of violence aggravated felony under 8 USC 16(a). The subsection under which the petitioner was convicted requires that “with intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument.” “Such a crime appears on its face to involve the use of ‘violent’ physical force, as required by Johnson.  Furthermore, Villanueva clarifies that just because the physical injury under Connecticut law may be caused by means of a dangerous instrument that is a substance, such as poison, this does not mean that the crime does not require the use of ‘physical force.’  Accordingly, we see no reason not to apply the reasoning of Villanueva and we conclude that Banegas Gomez’s conviction falls squarely within the definition of a crime of violence under § 16(a).”

The Court also determined that jurisdiction properly vests with an immigration court when a Notice to Appear is filed - even if it does not contain the time, date and place of the first hearing - so long as a notice of hearing is subsequently served.

The full text of Banegas Gomez v. Barr can be found here: