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Borden v. United States: Supreme Court Limits Scope of “Crimes of Violence”

Practice Advisory
Issue area
Crimes/Post-Conviction Relief
Published: Jun. 22, 2021

This practice advisory explains how Borden v. United States affects the definition of a ‘crime of violence’ for immigration law purposes. Borden effectively held that the definition of a “crime of violence” under 18 U.S.C. § 16(a), relevant to both the aggravated felony crime of violence and crime of domestic violence deportability grounds, excludes crimes with a recklessness mens rea. Borden reverses adverse case law in the Fifth, Sixth, Eighth, and Tenth circuits. The advisory also includes a sample motion to reconsider and terminate cases affected by Borden.