On September 4, 2024, the U.S. Court of Appeals for the Ninth Circuit issued a groundbreaking decision in USA v. Gomez overturning longstanding legal precedent. The court determined that a conviction under California Penal Code § 245(a)(1) (assault with a deadly weapon) does not qualify as a “crime of violence” pursuant to federal law.

This pivotal ruling redefines the scope of “crime of violence” within the context of federal sentencing enhancements (U.S.S.G. § 4B1.2(a)(1)) and has significant implications for immigration law, where the same definition (found at 18 U.S.C. § 16(a)) is used to classify aggravated felony “crime of violence” offenses.

Building on the Supreme Court’s 2021 decision in Borden v. United States. 593 U.S. 420 (2021), the Ninth Circuit determined that an offense qualifies as a crime of violence only if it necessitates a use of force accompanied by an intent more culpable than simple recklessness. Analyzing California Penal Code § 245(a)(1), the court found that the statute encompasses crimes involving mere reckless use of force, and, in fact, requires an intent “less culpable even than Borden’s recklessness definition.” The court thus held: “Because we conclude California’s assault statute sweeps in reckless uses of force, as defined in Borden, a conviction under § 245(a)(1) is not a categorical match with the elements clause and does not constitute a crime of violence.”

This decision opens new avenues for noncitizens and immigration advocates to argue that convictions under California Penal Code § 245(a)(1) do not constitute crimes of violence and therefore are not aggravated felonies when a term of imprisonment of one year or more is imposed. California Penal Code § 245(a)(1) convictions should also not be crimes of domestic violence under immigration law, which require that the underlying crime be a “crime of violence.” In sum, unlike in the past, convictions for California Penal Code § 245(a)(1) no longer result in deportability or ineligibility for many forms of immigration relief.

Read the full decision here.