Martinez-Cedillo v. Sessions, No. 14-71742 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit denied a petition for review of the BIA's determination that petitioner's conviction for felony child endangerment constituted a crime of child abuse that rendered him removable under 8 U.S.C. 1227(a)(2)(E)(i). Petitioner's conviction of felony child endangerment under California Penal Code 273a(a) was for driving under the influence with a child in his car who was not wearing a seat belt. The panel held that the Board's interpretation of a crime of child abuse, neglect or abandonment in Matter of Velazquez-Herrera, 24 I. & N. Dec. 503 (BIA 2008), and Matter of Soram, 25 I. & N. Dec. 378 (BIA 2010), was entitled to Chevron deference. Applying that definition in this instance, the panel held that petitioner's California conviction was a categorical match to the crime of child abuse, neglect, or abandonment. Furthermore, the Board's interpretation applied retroactively to Martinez-Cedillo's 2008 conviction, which occurred before the Board's decisions in Velazquez-Herrera and Soram.
Court Description: Immigration. The panel denied a petition for review of the Board of Immigration Appeals’ determination that Marcelo Martinez- Cedillo’s conviction for child endangerment, in violation of California Penal Code § 273a(a), constitutes a crime of child abuse that renders him removable under 8 U.S.C. § 1227(a)(2)(E)(i). In 2008, Martinez-Cedillo was convicted of felony child endangerment under California Penal Code § 273a(a) for driving under the influence with a child in his car who was not wearing a seatbelt. In Matter of Velazquez-Herrera, 24 I. & N. Dec. 503 (BIA 2008), the Board interpreted the term ‘crime of child abuse’ broadly to mean any offense involving an intentional, knowing, reckless, or criminally negligent act or omission that constitutes maltreatment of a child or that impairs a child’s physical or mental well-being, including sexual abuse or exploitation. In Matter of Soram, 25 I. & N. Dec. 378 (BIA 2010), the Board held that this definition is not limited to offenses requiring proof of injury to the child and requires a case-by-case analysis to determine whether the risk of harm is sufficient to bring an offense within the definition of ‘child abuse.’ MARTINEZ-CEDILLO V. SESSIONS 3 The panel held that the Board’s interpretation in Velazquez-Herrera and Soram is entitled to Chevron deference. Applying that definition, the panel held that California Penal Code § 273a(a) is a categorical match to the crime of child abuse, neglect, or abandonment. The panel also held that the Board’s interpretation applies retroactively to Martinez-Cedillo’s 2008 conviction, which occurred before the Board’s decisions in Velazquez-Herrera and Soram. Dissenting, Judge Wardlaw would hold that the Board’s interpretation is not entitled to Chevron deference, and that even if it were, the new definition should not apply retroactively to Martinez-Cedillo’s conviction.
The court issued a subsequent related opinion or order on March 18, 2019.
The court issued a subsequent related opinion or order on May 16, 2019.
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