Court applied Almanza-Arenas and found that felony willful cruelty to a child under CPC 273a(a) is not categorically a crime of violence aggravated felony.

The court concluded that section 273a(a) is not a divisible statute because the alternative mens rea requirements are not “elements.” Rather, they are alternative means for accomplishing a single indivisible crime. Under the categorical approach, section 273a(a) is broader than 18 U.S.C. 16, and therefore not a “crime of violence,” nor does it qualify on that basis as an aggravated felony.