ROBERTO DIAZ-BOYZO V. TODD BLANCHE – Do It For The Caselaw

Holding: The Ninth Circuit held that a conviction for fourth-degree assault under Oregon Revised Statutes Section one sixty-three point one six zero constitutes a crime of child abuse under Section one two two seven of Title eight of the United States Code.
Standard: categorical approach
Practical effect: Immigration authorities may now rely on this ruling to establish removability for noncitizens convicted of domestic violence offenses in Oregon where the assault occurred in the presence of a minor child.

The Ninth Circuit denied a petition for review, holding that a conviction for fourth-degree assault in Oregon constitutes a crime of child abuse under federal immigration law. The court found the state statute divisible and applied the modified categorical approach to confirm the offense involved the assault of a spouse in the presence of a minor child.

Background

Roberto Diaz-Boyzo, a lawful permanent resident, pleaded guilty to felony assault in the fourth degree under Oregon Revised Statutes Section one sixty-three point one six zero for battering his wife in the immediate presence of his minor children. The Department of Homeland Security charged him with removability under Section one two two seven of Title eight of the United States Code, and the Board of Immigration Appeals affirmed the removal order.

The court’s reasoning

The panel agreed that the Oregon statute was overbroad but concluded it was divisible because it listed multiple discrete offenses as alternative elements. Applying the modified categorical approach, the court determined Diaz-Boyzo was convicted under the subsection requiring the assault to occur in the immediate presence of a minor child. The court reasoned that such conduct places a child in real danger of bodily or mental harm and meets the minimum mens rea of criminal negligence required for a crime of child abuse under federal law.

committing an assault in the immediate presence of a child places the child in real danger of bodily or mental harm

Diaz-Boyzo v. Blanche, 17-72894 (9th Cir. July 23, 2026)

What it means going forward

Immigration authorities may now rely on this ruling to establish removability for noncitizens convicted of domestic violence offenses in Oregon where the assault occurred in the presence of a minor child.