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Immigration Law

CA9 on 'Crime of Child Abuse' - Alvarez-Cerriteno v. Sessions

Alvarez-Cerriteno v. Sessions - "Today we must determine whether Nevada’s child neglect statute is broader—that is, makes criminal more conduct—than does the federal Immigration and Nationality Act’s (“INA”) generic “crime of child abuse.” If so, the Board of Immigration Appeals (“BIA”) erred in finding Petitioner, a native and citizen of Mexico and a legal permanent resident of the United States, removable as charged under the INA. Because the Nevada statute outlaws conduct that presents a lesser risk of harm to a child (“reasonably foreseeable” harm) than does the conduct required to violate the INA (at least a “reasonable probability” of harm), we conclude that the BIA did so err, and grant the petition."

[Hats off to Don Chairez!]