Wednesday, March 19, 2008

BIA Correctly Construed State Conviction As Meeting Federal Child Abuse Definition

Ochieng v. Mukasey, ___F.2d. ___ (10th Cir. 2008, Feb. 6, 2008)

The 10th ordered published, nunc pro tunc, this decision from earlier this year. The 10th denies Petitioner’s request for review of the BIA dismissal of his appeal from an order of removal. Immigration judge could rely on minute order to determine what was the removal-worthy offense for which the Petitioner was convicted. The BIA reasonably construed the Petitioner's prior Idaho conviction for injury to children as one that met the federal statutory definition of child abuse–-a removable offense of conviction.