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Matthew Kolken on Deportation And Removal

BIA Decision: unreasonably placing a child in a situation that poses a threat of injury to the child’s life or health is equal to child abuse

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The Board of Immigration Appeals (BIA) has issued the following precedent deicion: Matter of Dency Epen SORAM, 25 I&N Dec. 378 (BIA 2010).


The case invovled a citizen of the Federated States of Micronesia who was convicted by plea of guilty to the crime of "child abuse--no injury--knowingly or recklessly" in violation of sections 18-6-401(1) and (7)(b)(I) of the Colorado Revised Statutes.


The BIA held that:


The crime of unreasonably placing a child in a situation that poses a threat of injury to the child's life or health in violation of section 18-6-401(1)(a) of the Colorado Revised Statutes is categorically a crime of child abuse under section 237(a)(2)(E)(i) of the Immigration and Nationality Act, 8 U.S.C. 1227(a)(2)(E)(i) (2006), even though no proof of actual harm or injury to the child is required. Matter of Velazquez-Herrera, 24 I&N Dec. 503 (BIA 2008), clarified.


Click here to read the full decision.


Kolken & Kolken

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