Matter of Velazquez-Herrera, 24 I. & N. Dec. 503, ___ (BIA May 20, 2008) ("The principal difficulty with the DHS's position [arguing for abandonment of categorical analysis] is that we simply have no authority to consider such policy matters except as they may bear on the proper interpretation of an otherwise ambiguous statute.

LaGuerre v. Mukasey, 526 F.3d 1037 (7th Cir. May 20, 2008) (per curiam) (Illinois conviction of domestic battery, in violation of 720 ILCS 5/12-3.2(a)(1) ["[a] person commits domestic battery if he intentionally or knowingly without legal justification by any means: (1) Causes bodily harm to any family or household member."], constituted a crime of violence, under INA 101(a)(43)(F), 8 U.S.C. 1101(a)(43)(F), and 18 U.S.C. 16(a), for deportation purposes, because, as 16(a) requires, it has as an element the use of physical force."), following United States v.

LaGuerre v. Mukasey, 526 F.3d 1037 (7th Cir. May 20, 2008) (per curiam) (rejecting DHS argument court should go beyond elements of offense of conviction to determine whether state conviction constituted aggravated felony crime of violence under INA 101(a)(43)(f), 8 U.S.C. 1101(a)(43)(F)).

LaGuerre v. Mukasey, 526 F.3d 1037 (7th Cir. May 20, 2008) (per curiam) (rejecting DHS argument court should go beyond elements of offense of conviction to determine whether state conviction constituted aggravated felony crime of violence under INA 101(a)(43)(f), 8 U.S.C. 1101(a)(43)(F)).

Matter of Velazquez-Herrera, 24 I. & N. Dec. 503 (BIA May 20, 2008) (child abuse, under INA 237(a)(2)(E)(i), 8 U.S.C. 1227(a)(2)(E)(i), means any offense involving an intentional, knowing, reckless, or criminally negligent act or omission that constitutes maltreatment of a person under 18 or impairs his or her physical or mental well-being, including sexual abuse or exploitation, as determined by the elements of the offense, as reflected in the statute or admissible portions of the record of conviction), after remand, Velasquez-Herrera v. Gonzales, 466 F.3d 781, 783 (9th Cir. 2006).

Matter of Velazquez-Herrera, 24 I. & N. Dec. 503, ___ n.2 (BIA May 20, 2008) (Pauley, Boardmember, concurring) ("child abuse definition does not clearly extend to crimes in which a child is merely placed or allowed to remain in a dangerous situation, without any element in the statute requiring ensuing harm, e.g., a general child endangerment statute . . . selling liquor to a minor . . . failing to secure a child with a seatbelt.").

Matter of Velazquez-Herrera, 24 I. & N. Dec. 503, ___ n.14 (BIA May 20, 2008) (child abuse definition "is comprehensive enough to subsume most, if not all, crimes of 'child neglect'").

      Under Lujan-Armendariz, is a noncitizen protected from deportation based on a conviction during the time he or she waits to be able to withdraw the plea pursuant to state rehabilitative relief? The Ninth Circuit observed in Lujan-Armendariz that the history and purpose of the FFOA strongly suggests that the person should be protected during this period. However, the majority in the panel opinion in Chavez-Perez v.

Article, Breadth and Narrowness of the Phrase "Relating to" in Removal Grounds

CD4:19.6;AF:4.37
AGGRAVATED FELONY - PHRASE "RELATING TO"
Article, Breadth and Narrowness of the Phrase "Relating to" in Removal Grounds