Ibarra v. Holder, Jr.

Petitioner Elia Ibarra was ordered removed by the Department of Homeland Security for a Colorado conviction on child abuse. The events leading up to her conviction were unclear, but it was undisputed that petitioner's children were unintentionally left home alone while she was at work. No child was injured. Petitioner requested discretionary relief from removal under 8 U.S.C. 1229b(b)(1). The immigration judge hearing petitioner's case decided that she was ineligible cancellation of removal. Petitioner then appealed to the Tenth Circuit to review the immigration judge's decision that found her Colorado conviction for "child abuse-negligence-no injury" was the same as (or close enough to be categorically considered) "child abuse, neglect or abandonment" as codified under the Immigration and Nationality Act. Upon review, the Tenth Circuit agreed with petitioner that the Board of Immigration Appeals' then-current interpretation of "child abuse, neglect and abandonment" extended the full range of conduct criminalized by the Colorado statute. Accordingly, the Court reversed the BIA's decision rendering petitioner ineligible for discretionary cancellation of removal. View "Ibarra v. Holder, Jr." on Justia Law