Florez v. Holder, 779 F.3d 207 (2d Cir. Mar. 4, 2015) (New York convictions for child endangerment under New York State Penal Law 260.10(1) [knowingly act[ing] in a manner likely to be injurious to the physical, mental or moral welfare of a child], including driving under the influence of alcohol while children were in the car, constituted child abuse, under INA 237(a)(2)(E)(i), 8 U.S.C. 1227(a)(2)(E)(i), even though no harm came to a child; the reviewing court must grant Chevron deference to the BIA), citing Matter of Velazquez"Herrera, 24 I. & N. Dec. 503 (BIA 2008), and Matter of Soram, 25 I. & N. Dec. 378 (BIA 2010).
NOTE: While disagreeing with Ibarra v. Holder, 736 F.3d 903, 910 (10th Cir. 2013), the court found that there was some limitation to the Child Abuse definition: Although the BIA's definition of a crime of child abuse is expansive, it is not unlimited. Soram confirms that a state child-endangerment statute qualifies as a crime of child abuse under the INA only if it requires, as an element of the crime, a sufficiently high risk of harm to a child. See 25 I. & N. Dec. at 385 (holding that Colorado's child-endangerment statute is categorically a crime of child abuse under the INA, in part because [p]ermitting a child to be placed in a situation posing a threat involving less than a reasonable probability of injury is not punishable as child abuse in Colorado) (emphasis added). Id. at 212.