The BIA’s current definition of “child abuse, neglect, or abandonment” includes “offenses of child endangerment that do no result in ‘actual harm or injury’.” Ibarra, No. 11-9539, slip op. at 11 (discussing Matter of Soram, 25 I&N Dec. 378 (2010)). It also includes offenses committed intentionally, knowingly, recklessly, negligently or through omission.

The BIA further stated that this definition includes offenses that do not require proof of harm or injury to the child and includes child neglect or child abandonment offenses. Matter of Mendoza Osorio, 26 I&N Dec. at 704 (discussing Matter of Soram, 25 I&N Dec. 378, 381 (BIA 2010)).Next, the BIA turned to the conviction statute in § 260.10(1) of the New York Penal Law. Matter of Mendoza Osorio, 26 I&N Dec. at 705. In relevant part, § 260.10(1) provides:A person is guilty of endangering the welfare of a child when: 1. He or she knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his or her life or health . . . .The BIA concluded that the statute is clearly divisible into two distinct offenses: (1) acting in a manner likely to be harmful to a child and (2) allowing a child to work in a dangerous occupation.