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 [In an unpublished decision dated Dec. 6, 2011 ] the Board held that Assault with Substantial Bodily Injury in the Presence of a Child...

Unpub. BIA Categorical Approach Victory: N.Y. Child Welfare Statute

"DHS must prove that 260.10(1) of the New York Penal Law categorically falls within the ambit of a crime of child abuse, neglect or abandonment. Although our standard in Soram is broadly interpreted, we nonetheless agree with the Immigration Judge that N.Y. Penal Law § 260.10(1) is facially...

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...