- Posted by Arturo Burga
- On January 22, 2016
Can I be deported for a child endangerment conviction?
Depending on whether you are a legal permanent resident or not, a PC 273a(a) conviction can affect you. However, with a recent decision by the 9th Circuit Court of Appeals, a single conviction for Child Endangerment is not an aggravated felony, meaning you will not lose your green card. However, it can affect you if you are undocumented.
Being undocumented with a criminal conviction makes you a priority for enforcement under the current policies from the Department of Homeland Security (DHS).
In this new decision, the 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 of 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.
Therefore, if you are asking can I be deported for a child endangerment conviction under PC 273a(a), the answer is no. You will not cause you to lose your green card, but it can affect you if you are undocumented or out of status.
Burga Law Firm PC is experienced in dealing with crimes that affect our immigrant clients. If arrested for any crime, and not born in the United States, give us a call! (909) 538-8320 or feel free to reach us through our free case evaluation form.