Matter of Mendoza Osorio, 26 I&N Dec. 703 (BIA 2016)
The BIA found that because the offense of endangering the welfare of a child in violation of section 260.101(1) of the New York Penal Code requires knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child is categorically a crime of of child abuse, child neglect or child abandonment pursuant to section 237(a)(2)(E)(i) of the Immigration and Nationality Act.
Any state statute which defines child abuse as requiring actual knowledge and the likelihood of harm rather than the possibility of harm will following this case constitute a categorical crime of child abuse. To fall outside the categorical definition Respondent must prove that there are convictions under the pertinent statute that do not constitute child abuse under the Act.
The BIA found that because the offense of endangering the welfare of a child in violation of section 260.101(1) of the New York Penal Code requires knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child is categorically a crime of of child abuse, child neglect or child abandonment pursuant to section 237(a)(2)(E)(i) of the Immigration and Nationality Act.
Any state statute which defines child abuse as requiring actual knowledge and the likelihood of harm rather than the possibility of harm will following this case constitute a categorical crime of child abuse. To fall outside the categorical definition Respondent must prove that there are convictions under the pertinent statute that do not constitute child abuse under the Act.
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