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Ep. 198 - Precedential Decisions from 2/5/2024 - 2/11/2024 (I-751; joint filing; U-visa disclosure; penalties; 8 U.S.C. § 1367; willfulness; assault resulting in serious bodily injury; crime of violence; mens rea; presumption of indivisibility)

Immigration Review

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Divisibility of Statute and General Intent in Mens Rea

This chapter explores the divisibility of a statute in relation to mens rea, focusing on the 10th circuit's view and the application of the Supreme Court's Mathis decision. The presumption of indivisibility is discussed, along with the relevance of divisibility in the case at hand and the general intent of the federal assault crime.

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