Unpub. BIA Victory: child abuse

Attorney Aaron Tarin writes: "Here is a bit of good news to those battling the toxic spread of Matter of Soram's expansive definition of child abuse. [In an unpublished decision dated Dec. 6, 2011] the Board held that Assault with Substantial Bodily Injury in the Presence of a Child is NOT categorically a crime of child abuse under INA 237(a)(2)(E)(i). The Board noted that the statute could be violated in ways that would not necessarily cause a reasonable probability of injury to a child, "including where the child is asleep, or is too far way or too young to understand what is happening". Proceedings terminated." - Matter of X-, Dec. 6, 2011.