Zarate-Alvarez v. Garland, No. 19-9570 (10th Cir. 2021)
Annotate this CasePetitioner Victor Zarate-Alvarez, a native and citizen of Mexico, sought review of a Board of Immigration Appeals (BIA) decision denying his application for cancellation of removal. Zarate pleaded guilty to knowing or reckless child abuse in violation of Colorado law. Several years later, the Department of Homeland Security initiated removal proceedings, charging him with removability under 8 U.S.C. 1182(a)(6)(A)(i) of the Immigration and Nationality Act (INA) because he was present without having been admitted or paroled. Zarate conceded removability and filed an application for cancellation of removal under 8 U.S.C. 1229b(b). After a hearing, an Immigration Judge (IJ) denied the application, concluding that Zarate was ineligible for cancellation under section 1229b(b)(l)(C) because his state child abuse conviction constituted “a crime of child abuse, child neglect, or child abandonment” within the meaning of 8 U.S.C. 1227(a)(2)(E)(i). The BIA agreed with the IJ’s determination and dismissed Zarate’s appeal. Challenging the Board's decisions, Zarate argued: (1) the BIA’s most recent interpretations of section 1227(a)(2)(E)(i) were not entitled to deference; and (2) his state conviction was not a categorical match to a “crime of child abuse” as defined by the Board. The Tenth Circuit rejected both arguments and affirmed the Board.
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