A federal appeals court ruled on Thursday that committing domestic violence in front of children counts as child abuse under federal immigration law, upholding a deportation order for an Oregon resident.
The decision by the U.S. Court of Appeals for the Ninth Circuit involved Roberto Diaz-Boyzo, a Mexican citizen who became a lawful permanent resident of the United States in 1990.
In 2013, Diaz-Boyzo pleaded guilty to two felony counts of fourth-degree assault in Oregon after hitting his wife in front of their minor son and daughter. A state judge sentenced him to two years in prison and two years of probation.
Following his conviction, the Department of Homeland Security began proceedings to deport him under a federal law that allows the removal of immigrants convicted of child abuse, child neglect, or child abandonment. Both an immigration judge and the Board of Immigration Appeals agreed that Diaz-Boyzo could be deported under this rule.
Diaz-Boyzo appealed to the Ninth Circuit, arguing that Oregon’s fourth-degree assault law covers a wide range of actions that do not specifically involve children.
The three-judge panel rejected his appeal. Writing for the court, Circuit Judge Patrick J. Bumatay explained that while the state law includes several different offenses, it can be split into separate categories. Looking at Diaz-Boyzo’s indictment and plea agreement, the judges confirmed he was specifically convicted under a provision that targets assaults committed in the immediate presence of a child.
The court ruled that witnessing physical violence places a child in real danger of physical or emotional harm. Because the offense creates a direct risk to a child’s safety, the panel concluded it meets the legal definition of child abuse under federal immigration law.
The decision clears the way for federal authorities to move forward with Diaz-Boyzo’s deportation.
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