Florez v. Holder, No. 14-874 (2d Cir. 2015)Annotate this Case
Florez, a citizen of Honduras and a lawful permanent resident of the U.S., was charged in New York with a variety of offenses. Florez was twice convicted of endangering the welfare of a child, for “knowingly act[ing] in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old.” The first conviction, in 2004, arose from Florez’s involvement with a co‐defendant who was charged with “acting in concert with another person” in the rape of a teenage girl. His precise role in the incident was unclear. The second conviction, in 2010, resulted from Florez’s driving under the influence of alcohol while his two children, aged one and nine, were in the car. The Department of Homeland Security commenced removal proceedings under 8 U.S.C. 1227(a)(2)(E)(i). The Immigration Judge held that Florez’s convictions each satisfied the generic federal definition of a “crime of child abuse.” The BIA affirmed. The Second Circuit denied a petition for review, rejecting an argument that the broad interpretation of the statutory phrase “crime of child abuse” is unreasonable.