The Ninth Circuit has determined that a California felony conviction for child endangerment is a crime of child abuse. In so doing, the Court deferred to the Board of Immigration Appeals' definition of a crime of child abuse, as outlined in Matter of Velazquez-Herrera and Matter of Soram. The Court also rejected the petitioner's argument that the decision in Soram should not be applied retroactively to his conviction, finding that Soram was not a departure from prior agency precedent, but rather filled a void in unsettled law. Judge Wardlaw wrote a lengthy dissent, arguing that the definition of a crime of child abuse in Soram is not entitled to deference, and that even if it is, it should not apply retroactively to the petitioner.
The full text of Martinez-Cedillo v. Sessions can be found here: