Rafael Diaz-Rodriguez v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RAFAEL DIAZ-RODRIGUEZ, No. 13-73719 Petitioner, Agency No. v. A093-193-920

MERRICK B. GARLAND, Attorney General, OPINION Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted January 13, 2021 Pasadena, California

Filed September 10, 2021

Before: Consuelo M. Callahan and Paul J. Watford, Circuit Judges, and Jed S. Rakoff, * District Judge.

Opinion by Judge Watford; Dissent by Judge Callahan

* The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation. DIAZ-RODRIGUEZ V. GARLAND

SUMMARY **

Immigration

Granting Rafael Diaz-Rodriguez’s petition for review of a decision of the Board of Immigration Appeals, the panel held that child endangerment, in violation of California Penal Code § 273a(a), does not constitute “a crime of child abuse, child neglect, or child abandonment” within the meaning of 8 U.S.C. § 1227(a)(2)(E)(i).

In Martinez-Cedillo v. Sessions, 896 F.3d 979 (9th Cir.…