BIA

NEGLIGENT CHILD ABUSE - CRIME OF VIOLENCE
Matter of Sweetser, 22 I. & N. Dec. 709 (BIA May 19, 1999) (Colorado conviction of criminally negligent child abuse under sections 18-6-401(1) and (7) of the Colorado Revised Statutes, where negligence in leaving stepson alone in a bathtub resulted in the childs death, was not a crime of violence under 18 U.S.C. § 16(b), because there was no "substantial risk that physical force" would be used in the commission of the crime, and the conviction was therefore not an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F)).

Lower Courts of First Circuit

CHILD ABUSE WITH INJURY - CRIME OF VIOLENCE
Mathews v. Reno, 52 F.Supp.2d 195 (D.Mass. May 18, 1999) (Rhode Island conviction of second-degree child abuse, the infliction upon a child of any "serious physical injury," in violation of R.I. Gen. Laws § 11-9-5.3(2), constitutes a crime of violence under 18 U.S.C. § 16(a), and is considered an aggravated felony under INA § 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), for immigration purposes).

Fourth Circuit

AGGRAVATED FELONY " CRIME OF VIOLENCE " CHILD ABUSE
United States v. Gomez, 690 F.3d 194 (4th Cir. Aug. 10, 2012) (Maryland conviction of child abuse, in violation of Maryland Code 1957, Article 27, 35C, was not a crime of violence for illegal re-entry sentencing purposes because the offense could be committed without use of force).

Fifth Circuit

INJURY TO CHILD - CRIME OF VIOLENCE
United States v. Gracia-Cantu, 302 F.3d 308 (5th Cir. Aug. 9, 2002) (Texas conviction of injury to child, in violation of Texas Penal Code § 22.04(a), was not "crime of violence," and so did not qualify as an "aggravated felony" under INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F) for illegal re-entry sentence enhancement purposes).

Ninth Circuit

AGGRAVATED FELONY - CRIME OF VIOLENCE - ABUSE OF FAMILY OR HOUSEHOLD MEMBER
United States v. Nobriga, ___ F.3d ___ , 2006 WL 3821413 (9th Cir. Dec. 29, 2006) (Hawaii conviction for Abuse of a Family or Household Member, in violation of Hawaii Revised Statutes 709-906(1), did not categorically involve the "violent use of force," as required under Armed Career Criminal Act, 18 U.S.C. 921(a)(33)(A)(ii), since the offense of conviction does not necessarily require a "violent use of force").

AGGRAVATED FELONY - CRIME OF VIOLENCE - ABUSE OF FAMILY OR HOUSEHOLD MEMBER
United States v. Nobriga, ___ F.3d ___, 2006 WL 3821413 (9th Cir. Dec. 29, 2006) (Hawaii conviction for Abuse of a Family or Household Member, in violation of Hawaii Revised Statutes 709-906(1), did not involve the "violent use of force," as required under Armed Career Criminal Act, 18 U.S.C. 921(a)(33)(A)(ii), under a modified categorical analysis, since nothing in the record of conviction establishes that the defendant acted with a mental state greater than recklessness).

CHILD ABUSE - CRIME OF VIOLENCE
United States v. Contreras-Salas, 387 F.3d 1095 (9th Cir. Nov. 3, 2004) (Nevada conviction of child abuse under Nev. Rev. Statutes § 200.508 does not qualify as a crime of violence for purposes of enhancement of sentence for unlawful re-entry after deportation, since statute may be violated by negligence alone, and record of conviction was unclear as to level of intent).

Tenth Circuit

CRUELTY TO CHILD - CRIME OF VIOLENCE
United States v. Saenz-Mendoza, 287 F.3d 1011 (10th Cir. Apr. 26, 2002) (Utah misdemeanor conviction of child abuse, cruelty toward a child, constituted an "aggravated felony" as defined in INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F), for purposes of sentence enhancement under U.S.S.G. § 2L1.2(b)(2), for illegal re-entry).