Thursday, February 9th, 2017

Matter of M-W-, ID 3746, 25 I&N Dec. 748 (BIA 2012)

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Pursuant to the categorical approach, a conviction for the aggravated felony of murder, as defined in section 101(a)(43)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(A) (2006), includes a conviction for murder in violation of a statute requiring a showing that the perpetrator acted with extreme recklessness or a malignant heart, notwithstanding that the requisite mental state may have resulted from voluntary intoxication and that no intent to kill was established. - Matter of M-W-, ID 3746, 25 I&N Dec. 748 (BIA 2012)