By: Thamys Gaertner In a decision issued on February 9, 2016, the Board of Immigration Appeals (BIA) concluded that a crime of endangering the welfare of a child is categorically a removable offense under § 237(a)(2)(E)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(i) (2012). Henry Javier Mendoza Osorio is a native of Ecuador and a United States lawful permanent resident. Matter of Mendoza Osorio, 26 I&N Dec. 703 (BIA 2016). Mr. Mendoza Osorio was convicted of endangering the welfare of a child under § 260.10(1) of the New York Penal Law. Id. Consequently, DHS [...]
10 Cir: CO child abuse isn’t child abuse offense
The U.S. Court of Appeals for the Tenth Circuit held that a conviction for child abuse in Colorado categorically wasn’t a “child abuse” type of offenseaggravated felony. Ibarra v. Holder, No. 11-9539, slip op. (10th Cir. July 1, 2013) (Murphy, Seymour, and Holmes, J.). Judge Seymour wrote the panel’s decision. This case involved a woman who, despite having been brought to the United States as a four-year-old in 1985, remains unauthorized. She was convicted of “child abuse—negligence—no injury,” a Colorado misdemeanor carrying a minimum sentence of $50, Colo. Rev. Stat. § 18-6-401(1)(a), [...]