BIA Decision Shows Congress Needs to Revise the Grounds for Removal
A modest proposal: two misdemeanors or one felony, and you are removable
By Andrew R. Arthur on December 29, 2020
On Tuesday, the Board of Immigration Appeals (BIA) issued a decision in Matter of Rivera-Mendoza. It held that child neglect in the second degree under Oregon law is categorically a crime subjecting an alien to removal under section 237 of the Immigration and Nationality Act (INA), and barring the alien from cancellation of removal under section 240A(b) of the INA (42B cancellation). What the case really shows, however, is that the grounds of removal are in need of a refresh. A model for doing so is already in the INA.
First, here is what the Oregon provision at issue states:
A person having custody or control of a child under 10 years of age commits the crime of child neglect in the second degree if, with criminal negligence, the person leaves the child unattended in or at any place for such period of time as may be likely to endanger the health or welfare of such child. [Emphasis added.]
The crime makes perfect sense. If you are responsible for a child of tender years, you either need to keep tabs on the kid, or make sure that someone else does. But, children wander off, or go out and play with their friends, and Oregon has struck a reasonable balance between keeping youngsters under constant watch and ignoring them to their peril.
https://cis.org/Arthur/BIA-Decision-Shows-Congress-Needs-Revise-Grounds-Removal
