Jimenez-Juarez v. Holder, ___ F.3d ___, 2011 WL 1183698 (9th Cir. Mar. 31, 2011) (Washington conviction of child molestation in the third degree under Revised Code of Washington 9A.44.089, having sexual contact with a minor who is 14 or 15 years of age when the perpetrator is at least forty-eight months older than the minor, is categorically a crime of child abuse under INA 237(a)(2)(E)(i)).

NOTE: The Ninth Circuit applied the definition of child abuse in Matter of Velazquez"Herrera, 24 I. & N. Dec. 503 (BIA 2008), finding the definition to be reasonable. The court found the sexually motivated touching of a minor to be categorically harmful to the child's mental well-being, without addressing the issue of whether the minor child knew of the sexual intent.