Rey Jimenez-Juarez v. Eric Holder, Jr., No. 09-72766 (9th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of Mexico with lawful permanent resident status in the United States, petitioned for review of a final order of removal of the Board of Immigration Appeals ("BIA") where petitioner had pled guilty to violating Revised Code of Washington section 9A.44.089 ("state statute"), child molestation in the third degree. At issue was whether a felony conviction for child molestation in the third degree under the state statute constituted a crime of child abuse within the meaning of 8 U.S.C 1227(a)(2)(E)(i) ("federal statute"). The court held that petitioner's conviction under the state statute was categorically a crime of child abuse where the state statute met the mens rea requirement of the federal statute which required at least a criminally negligent act and the actus reus requirement of the federal statute which required an act that constituted maltreatment of a child or impairment of a child's physical or mental well-being.
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