Alvarez-Cerriteno v. Sessions, No. 16-73486 (9th Cir. 2018)Annotate this Case
The Ninth Circuit held that the BIA erred in finding that petitioner's conviction for child abuse and neglect under Nevada law was categorically a "crime of child abuse" under 8 U.S.C. 1227(a)(2)(E)(i). The panel held that it was bound by this circuit's opinion in Martinez-Cedillo v. Sessions, No. 14-71742, 2018 WL 3520402 (9th Cir. July 23, 2018), which deferred to the BIA's interpretation, in Matter of Soram, 25 I. & N. Dec. 378 (BIA 2010), that the generic crime of child abuse includes acts and omissions that create at least a "reasonable probability" that a child will be harmed. In this case, the Nevada statute was broader than the federal generic crime and there was a realistic probability that Nevada could prosecute conduct under its statute that fell outside the scope of the federal generic crime. Therefore, the panel granted the petition for review of the BIA's determination that petitioner was removable.