These summaries are not intended as legal advice. Please contact a licensed attorney to discuss the specifics of your case.
Viewing entries tagged
child abuse
The Second Circuit has remanded an asylum claim for a Honduran woman who had been the victim of family violence. “The agency reasonably relied in part on Castellanos-Ventura’s failure to report. But it failed to consider whether it would have been ‘futile or dangerous for an abused child,’ as Castellanos-Ventura was during much of her abuse, ‘to seek protection from the authorities.’”
The full text of Castellanos-Ventura v. Garland can be found here:
The Ninth Circuit has determined that a California conviction for inflicting corporal injury on a child is a crime of violence because the statute requires proof that the punishment or injury inflicted on the child resulted in a traumatic condition.
The full text of Olea-Serefina v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2022/05/19/20-72231.pdf
The Ninth Circuit has determined that a California conviction for child endangerment in violation of Penal Code 273A(a) is not a crime of child abuse.
The full text of Diaz-Rodriguez v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2021/09/10/13-73719.pdf
The Ninth Circuit determined that section 273a(a) of the California Penal Code is an indivisible statute; that is, a jury need not decide if a defendant engaged in intentional conduct (injurying a child) or negligent conduct (permitting a child's safety to be placed in danger). Because negligent conduct is insufficient to qualify as a crime of violence, a conviction under this subsection is not a crime of violence aggravated felony.
The full text of Ramirez v. Lynch can be found here: http://cdn.ca9.uscourts.gov/datastore/opinions/2016/01/20/08-72896.pdf
