Lucia I. Medina Martinez v. US Attorney General, 413 F. App'x 163

Martinez is a Mexico native who entered the U.S. illegally at 15, later married, and has six U.S.-born children.
In 2006 Florida, she was charged with child neglect under Fla. Stat. § 827.03(3)(a),(c) after failing to report her husband’s sexual abuse of her daughter.
She pled no contest in 2007 and was sentenced to two days’ confinement, 364 days’ probation, and community service.
DHS charged her as removable under 8 U.S.C. § 1182(a)(6)(A)(i); she sought cancellation of removal under § 1229b(b)(1).
The BIA held her Florida conviction was a “crime of child abuse” under § 1227(a)(2)(E)(i), precluding cancellation of removal; the Eleventh Circuit reviews de novo the legal question limited to statutory eligibility.
Court denied Martinez’s petition for review, urging reconsideration by the Attorney General.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Florida child neglect qualifies as a crime of child abuse under INA §1227(a)(2)(E)(i).	Martinez contends neglect does not meet the BIA’s definition.	BIA’s Velazquez-Herrera/Soram framework covers neglect as a crime of child abuse.	Yes; Florida child neglect qualifies; petition for review denied.

Velazquez-Herrera, 24 I. & N. Dec. 503 (BIA 2006) (broadly defines crime of child abuse; includes neglect and maltreatment)
Soram, 25 I. & N. Dec. 378 (BIA 2010) (supports broad scope of crime of child abuse, not requiring actual harm)
Chevron U.S.A., Inc. v. Natural Res. Def. Cnty., 467 U.S. 837 (1984) (deference to agency interpretations when ambiguity exists)
Chen v. U.S. Att’y Gen., 565 F.3d 805 (11th Cir. 2009) (great deference in immigration matters; reviewing agency rulings)
Quinchia v. U.S. Att’y Gen., 552 F.3d 1255 (11th Cir. 2008) (explains Chevron deference applies to precedential BIA decisions)