Matter of D. Rodriguez, 28 I&N Dec. 815 (BIA 2024)
(1) A conviction for an try and commit against the law could represent against the law of kid abuse, youngster neglect, or youngster abandonment underneath part 237(a)(2)(E)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(i) (2018).
(2) The respondent’s conviction for tried damage to a baby underneath sections 15.01(a) and 22.04(a)(1) of the Texas Penal Code renders him detachable underneath part 237(a)(2)(E)(i) of the INA, 8 U.S.C. § 1227(a)(2)(E)(i), for having dedicated against the law of kid abuse.
“The respondent was convicted in a Texas courtroom of tried damage to a baby and located detachable for having dedicated against the law of kid abuse, youngster neglect, or youngster abandonment. On enchantment from the Immigration Choose’s determination, he challenges his removability on two grounds. First, he contends {that a} crime of kid abuse doesn’t embody makes an attempt as a result of they don’t seem to be expressly included within the statutory language. Second, he claims that tried damage doesn’t require a ample probability of hurt to qualify as against the law of kid abuse. We reject each of the respondent’s arguments concerning removability. We additional conclude that the Immigration Choose correctly denied cancellation of elimination within the train of discretion. The enchantment might be dismissed.”
