Lopez-Birrueta v. Holder

OPINION

GRABER, Circuit Judge:

Petitioner Maria Lopez-Birrueta petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of special-rule cancellation of removal under the Violence Against Women Act of 1994 (“VAWA”). The BIA held that, although Petitioner’s children were mistreated by their lawful-permanent-resident father, that mistreatment did not rise to the level of “battery” under 8 U.S.C. § 1229b(b)(2)(A). We disagree. Accordingly, we grant the petition and remand.

FACTUAL AND PROCEDURAL HISTORY

Petitioner is a native and citizen of Mexico. She entered the United States…