CA10 on INA Sec. 237(a)(2)(E)(i): Ibarra v. Holder

"Elia Ibarra Rivas petitions for review of a Board of Immigration Appeals decision that found her Colorado conviction for “child abuse – negligence – no injury” to categorically constitute a “crime of child abuse, child neglect, or child abandonment” under section 237(a)(2)(E)(i) of the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1227(a)(2)(E)(i).  Because we conclude that Ms. Ibarra’s Colorado conviction is not a “crime of child abuse, child neglect, or child abandonment” within the meaning of the INA, we GRANT her petition for review, REVERSE the decision of the BIA, and REMAND to the Immigration Court to reconsider Ms. Ibarra’s application for discretionary cancellation of removal under INA § 240A(b)(1), 8 U.S.C. § 1229b(b)(1)." - Ibarra v. Holder, July 1, 2013.  [Hats off to Mari Matsumoto, Mark R. Barr and Laura L. Lichter!]