Ramirez v. Lynch – 9th Circuit Holds Felony Child Abuse (CA PC 273a(a)) Not An Aggravated Felony

On January 20, 2016 the Ninth Circuit decided Ramirez v . Lynch.   A 9th Circuit Panel granted Hector Giovanni Ramirez’s petition for review of the Board of Immigration Appeals’ decision that his conviction for felony child abuse under California Penal Code § 273a(a) constitutes a crime of violence under 18 U.S.C. § 16 and is therefore an aggravated felony. The panel held that § 273a(a) does not qualify as a categorical crime of violence because it is broader than the generic federal definition in 18 U.S.C. § 16. The panel also found that § 273a(a) is not a divisible statute, because the alternative mens rea requirements are not elements but are rather alternative means for accomplishing a single indivisible crime. The panel thus found that Ramirez’s conviction does not constitute an aggravated felony.

The full text of the decision can be found here: http://cases.justia.com/federal/appellate-courts/ca9/08-72896/08-72896-2016-01-20.pdf?ts=1453312948

If you’ve in deportation proceedings because of a criminal conviction, the law can be very, very muddled when it comes to the effect of that conviction, so it’s best to retain counsel if at all possible.