Olabisi Carlton-Carew v. Eric H. Holder Jr.

MEMORANDUM

Petitioner Olabisi Walterson Carlton-Carew is a native of Sierra Leone. Carlton-Carew was found subject to removal under the Immigration and Nationality Act (“INA”) and the Board of Immigration Appeals (“BIA”) dismissed his appeal. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1) and deny Carlton-Carew’s petition for review.

An alien is removable if he commits the generic federal crime of child abuse, 8 U.S.C. § 1227 (a)(2)(E)(i), which comprises three elements: (1) abusive conduct; (2) a culpability of at least criminal negligence; and (3) a victim under eighteen years of age, see Matter of Velazquez-Herrera, 24 I. & N. Dec. 503, 512 (BIA 2008). In August 2004, Carlton-Carew pled guilty to violating Arizona Revised Statutes Section 13-3623(B)(3) (“Child or vulnerable adult abuse”). Because Section 13-3623(B)(3) criminalizes the abuse of a child or vulnerable adult, it is categorically broader than the generic federal crime of child abuse. See, e.g., Alanis-Alvarado v. Holder, 558 F.3d 833, 836 (9th Cir.2009) (stating a state crime is categorically overbroad un less the “full range of conduct” covered by the state statute falls within the scope of the generic…