Ramirez v. Lynch

Petitioner, a native and citizen of El Salvador, petitioned for review of the BIA's decision that his California conviction for felony child abuse, under California Penal Code section 273a(a), constitutes a crime of violence and qualifies as an aggravated felony. The court concluded that section 273a(a) is not a divisible statute because the alternative mens rea requirements are not “elements." Rather, they are alternative means for accomplishing a single indivisible crime. Under the categorical approach, section 273a(a) is broader than 18 U.S.C. 16, and therefore not a “crime of violence,” nor does it qualify on that basis as an aggravated felony. Therefore, the BIA erred when it determined that petitioner had been convicted of an aggravated felony. Accordingly, the court granted the petition and remanded. View "Ramirez v. Lynch" on Justia Law