Kevin Patricio-Damian, A061 342 980 (BIA Oct. 27, 2015)

In this unpublished decision, the Board of Immigration Appeals (BIA) held that battery under Nev. Rev. Stat. 200.485.1(a) is not divisible under Rendon v. Holder, 764 F.3d 1077, 1086 (9th Cir. 2014), because jurors need not unanimously agree whether a defendant used force or violence against the victim. The Board further held that the statute was not a crime of violence because it encompassed any unwanted force, however slight, upon the person of another. The decision was issued by Member Roger Pauley and was joined by Member Anne Greer and Member Joan Geller. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index