“Abandonment” of something has been defined as “voluntary relinquishment of all right, title, claim and possession, with the intention of not reclaiming it.”[154]  Abandonment of children has been defined as “desertion or willful forsaking.  Foregoing parental duties.”[155]  These definitions suggest an offense does not fall within this definition unless the person has totally abandoned all care for the child.

 

[154] black’s law dictionary, p. 2 (1990).

[155] black’s law dictionary, p. 3 (1990), citing Wright v. Fitzgibbons, 198 Miss. 471, 21 So.2d 709, 710 (1945).

BIA

DOMESTIC VIOLENCE - DEPORTATION GROUND -- CHILD ABANDONMENT -- DEFINITION
Matter of Velazquez-Herrera, 24 I. & N. Dec. 503, ___ n.14 (BIA May 20, 2008) (BIA decision leaves open definition of crime of child abandonment: "it is not as evident to us that crimes of "child abandonment" would be so encompassed. We therefore leave that question for another day.").

Sixth Circuit

DOMESTIC VIOLENCE - CHILD ABANDONMENT
Gor v. Holder, 607 F.3d 180 (6th Cir. Jun. 4, 2010) (BIA found Ohio conviction for violation of Ohio Revised code 2919.21(B), "abandon[ment], or fail[ure] to provide support as established by a court order," constitutes a "child abandonment" conviction for purposes of INA 237(a)(2)(E)(i), 8 U.S.C. 1227(a)(2)(E)(i); although Sixth Circuit court found significant problems with this analysis, and with the BIAs expansive definition of "child abuse" in Matter of Velazquez-Herrera, 24 I. & N. Dec. 503, 508-09, 517 (BIA 2008), the court determined that it lacked jurisdiction to review the issue because it was raised as part of a sua sponte motion to reopen).