The Board of Immigration Appeals recently held that an aggravated battery offense could not be considered a crime of violence type of aggravated felony because the state statute did not require use of violent physical force. Matter of Guzman-Polanco, 26 I&N Dec. 713 (BIA 2016).This case involved a lawful permanent resident convicted of aggravated battery in violation of Puerto Rico Penal Code art. 122.

The Matter of Mendoza-Osorio, 26 I&N Dec. 703 (BIA 2016) [see article]Decided: February 9, 2016The offense of endangering the welfare of a child under a New York state statute, which requires knowingly acting in a matter likely to be injurious to the physical, mental, or moral welfare of a child, is categorically [see article] an offense covered by INA 237(a)(2)(E)(i) for a “crime of child abuse, child neglect, or child abandonment.”The Matter of Guzman-Polanco, 26 I&N Dec. 713 (BIA 2016) [see article]Decided: February 24, 2016The Board held that for a state offense to qualify as a crime of violence under 18 U.S.C. 16, the state statute must require as an element the use, attempted use, or threatened use of physical force. The Board then held that a Puerto Rico statute for aggravated battery was not categorically a crime of violence under 18 U.S.C. 16 because it could be committed by means that do not involve the use of violent physical force.The Matter of Villalobos, 26 I&N Dec. 719 (BIA 2016)Decided: March 10, 2016The Board held that Immigration Judges and the BIA have jurisdiction to determine whether an alien was eligible for a previous adjustment of status under INA 245A(b) for purposes of assessing an alien’s removability and eligibility for relief from removal.