United States Ninth Circuit

A petition for review of a decision of the BIA -- finding that petitioner-s conviction under Washington-s fourth degree assault statute constituted a crime of child abuse under 8 U.S.C. section 1227(a)(2)(E)(i), thus making him removable and ineligible for discretionary relief -- is granted, and the matter remanded to the BIA so that it may issue a precedential decision defining what constitutes a crime of child abuse for purposes of section 1227(a)(2)(E)(i) and apply that definition to petitioner-s conviction in accordance with Taylor v. United States, 495 U.S. 575 (1990).

Appellate Information

• Argued 07/28/2006
• Decided 10/19/2006
• Published 10/19/2006

Judges

• PER CURIAM., Before WALLACE, WARDLAW and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Matthew B. Weber, Weber & Marks, PLLC, Seattle, WA, for the petitioner.


• For Appellees:
  
• Susan K. Houser and Leslie McKay (argued), Attorneys, Department of Justice, Office of Immigration Litigation, Washington, DC, for the respondent.