The United States Court of Appeals for the Fifth Circuit has just ruled in Kerr v. Holder, No. 08-60020 (Nov. 10, 2009), that the Board of Immigration Appeals erred in its application of the categorical approach and failed to apply the modified categorical approach when determining whether false imprisonment under Fla. Stat. § 787.02 is a crime of violence.
The Fifth remanded the case back to the BIA for a proper determination on the issue.
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