Offense
Child endangerment involving conduct not likely to cause GBI or death
(Misdemeanor)
Aggravated Felony (AF)
No conviction of 273a(a) or (b) is a COV because they involve negligence; see PC 273a(a), above.
Crime Involving Moral Turpitude (CIMT)
No conviction should be held a CIMT; see PC 273a(a), above.
Do not plead to attempt to commit 273a(a) or (b), because it involves intent rather than negligence and is likely a CIMT.
Other Removal Grounds
Not a deportable crime of child abuse.
The BIA stated 273a(b) never is a deportable crime of child abuse.1The BIA stated that § 273a(b) is not a deportable crime of child abuse. See Matter of Mendoza-Osorio, 26 I&N Dec. 703, 710 (BIA 2016), discussed in ILRC, Practice Advisory: Cal Pen C 273a(b) is not a deportable crime of child abuse (February 2016) and ILRC, 2022 Case Update: Domestic Violence Deportation Ground (March 2022), both at www.ilrc.org/crimes. This should be an immigration-neutral offense.
Advice and Comments
273a(b) can be a good plea to avoid a deportable crime of child abuse, especially as a substitute for 273a(a).
Also, while a DUI with an enhancement for having a child in the car (VC 23572) is likely a deportable crime of child abuse, separate convictions for DUI and for 273a(b) are not. See discussion at 23572.
Adam Walsh Act. If ROC shows sexual conduct was involved, this might block a USC or LPR’s ability to immigrate family members in the future. See § N.13 Convictions that Bar the Defendant from Petitioning for Family Members: the Adam Walsh Act.