It also includes offenses committed intentionally, knowingly, recklessly, negligently or through omission. Ibarra, No. 11-9539, slip op. at 10 (discussing Matter of Velasquez-Herrera, 24 I&N Dec. 503 (2008)). Though courts usually defer to agency interpretations of statutory provisions within their area of expertise, they do not do so when the agency’s interpretation “contravenes Congressional intent.”

In an earlier decision, which the BIA quoted at length, the Board interpreted “the term ‘crime of child abuse’ broadly to mean any offense involving an intentional, knowing, reckless, or criminally negligent act or omission that constitutes maltreatment of a child or that impairs a child’s physical or mental well-being . . .” Id. at 704 (quoting Matter of Velazquez-Herrera, 24 I&N Dec. 503, 513 (BIA 2008)). The BIA further stated that this definition includes offenses that do not require proof of harm or injury to the child and includes child neglect or child abandonment offenses.