SocialSecurity Immigration
Whether an Illinois attempt offense that does not require the use, attempted use, or threatened use of physical force against the person or property of another categorically qualifies as a 'violent felony' under the Armed Career Criminal Act's elements clause?
QUESTIONS PRESENTED FOR REVIEW Illinois attempt offense contain only two elements: the intent to commit an offense and a substantial step towards commission of the offense. The substantial step towards the commission of the offense does not require the use, attempted use, or threatened use of physical force against the person or property of another. Ifa completed offense categorically has “as an element the use,... or threatened use of physical force against the person of another,” does the attempted commission of that offense automatically categorically qualify under the Armed Career Criminal Act as a “violent felony” under the elements clause as well? ii