quick reference chart and annotations for determining immigration ...

Immigrant Legal Resource Center, Florence Immigrant and Refugee Rights Project,
Maricopa County Public Defender August 2012
Other Grounds. A conviction under A3 may trigger a charge of removability for child abuse
under 8 U.S.C. § 1227(a)(2)(E)(i). See Matter of Soram, 25 I&N Dec. 378 (BIA 2010) (the crime of
unreasonably placing a child in a situation that poses a threat of injury to the child’s life or health is
categorically a crime of child abuse under 8 USC § 1227(a)(2)(E)(i) even though no proof of actual harm
or injury to the child is required). However, immigration counsel can argue that since the statute includes
only the possibility of endangerment, with no actual physical or emotional injury, it does not fall within
the definition of a “crime of child abuse.” Pacheco-Fregozo v. Holder, 576 F.3d 1030 (9th Cir. 2009);
Jimenez-Juarez v. Holder, 635 F.3d 1169, 1171 n.2 (9th Cir. 2011) (affirming the holding of Pacheco-
Fregozo that an offense that creates only potential harm to a child falls outside the scope of the BIA's
definition of a crime of child abuse). Defense counsel should attempt to plead to endangerment language
and avoid any mention of actual harm or injury to the victim whenever possible.
Also, it is a ground of inadmissibility, to be a current alcoholic, which is classed as a mental
disorder that poses a threat to self or others. 8 USC §1182(a)(1)(A)(ii). Being a “habitual drunkard” is a
bar to establishing good moral character, necessary for naturalization to U.S. citizenship, cancellation for
non-permanent residents, VAWA and some other applications. 8 USC § 1101(f)(1). Multiple DUI
convictions might provide evidence of either of these conditions.
Arizona Criminal Chart with Explanatory Endnote – August 2012
105