Sellers

MEMORANDUM **

Petitioner Lynn Amanse Sellers (“Sellers”) asks us to review the Board of Immigration Appeals’ (“BIA”) decision that she was ineligible for cancellation of removal under 8 U.S.C. § 1229b(a). We grant her petition for review.

1. In its February 9, 2005 decision, the BIA determined, correctly, that a violation of Sellers’ statute of conviction, child abuse or endangerment under California Penal Code § 273a(a), does not categorically qualify as a crime of violence aggravated felony. See id. at 1127, 1129; see also People v. Valdez, 27 Cal.4th 778, 784 , 118 Cal.Rptr.2d 3 , 42 P.3d 511 (2002) (A “[violation of section 273a, subdivision (a), can occur in a wide variety of situations: the definition broadly includes both active and passive conduct, i.e., child abuse by direct assault and child endangerment by extreme neglect.”). The BIA held, however, that Sellers was ineligible for cancellation of removal because she had failed to meet her burden of showing that she had “not been convicted of an aggravated felony.” See 8 U.S.C. § 1229b(a); 8 U.S.C. § 1229a(c)(4)(A)(i) (alien bears burden of establishing eligibility for relief). According to the BIA, Sellers was required…