However, such an inquiry is fact-based. Cf. Matter of Davey, 26 I&N Dec. at 39 (a determination of whether a single offense “involves” simple possession of marijuana is “fact-specific” and “does not suggest a focus on the formal elements of generic offenses”). Here, Defendants’ determination that felony harassment, even if detected, was not a qualifying crime overlooked Mr. Perez’s argument that he was the victim of felony harassment Case 2:17-cv-00249-JLR Document 17 Filed 06/30/17 Page 9 of 13 Plaintiff’s Motion for Henry Cruz Summary Judgment - 10 Rios & Cruz, P.S. Case No. 2:17-cv-00249-JLR 811 First Ave., Suite 340 Seattle, WA 98104 (206) 749-5600 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 “involving” felonious assault.