This deportation ground requires the conviction to be for an offense specifically listed in the statute.  This includes “a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment.”[1131]  This section will discuss how to analyze a criminal conviction to determine whether it falls within an offense that is listed in this deportation ground.

 

[1131] INA § 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i).

Ninth Circuit

DOMESTIC VIOLENCE - DIVISIBLE STATUTE ANALYSIS
Cisneros-Perez v. Gonzales, ___ F.3d ___, 2006 WL 1728068 (9th Cir. Jun. 26, 2006) (California conviction of battery, in violation of Penal Code 242 (any willful and unlawful use of force or violence upon the person of another), not shown on this record under modified categorical analysis to be a crime of domestic violence, within the meaning of 8 U.S.C. 1227(a)(2)(E)(i), because there was insufficient documentation to establish a domestic relationship; dismissed counts naming spouse as victim, sentence to domestic violence counseling, and order to stay away from spouse cannot be used to establish that conviction for battery of unnamed victim was a crime of domestic violence).

SENTENCING V. IMMIGRATION CONTEXT - DOMESTIC VIOLENCE
Cisneros-Perez v. Gonzales, ___ F.3d ___, 2006 WL 1728068 (9th Cir. Jun. 26, 2006) (distinguishing between INA 237(a)(2)(E)(i), and 8 U.S.C. 921(a)(33)(A)(i) [sentence enhancement for person with prior domestic violence conviction found in possession of a firearm], in that the former requires that the domestic relationship be an element of the offense, where the latter merely requires that the offense was in fact committed against someone with a domestic relationship), distinguishing United States v. Belless, 338 F.3d 1063, 1065-1067 (9th Cir. 2003).

DOMESTIC VIOLENCE - DOMESTIC BATTERY - CALIFORNIA CONVICTION OF SIMPLE BATTERY DID NOT QUALIFY AS DOMESTIC VIOLENCE CONVICTION WHERE RECORD OF CONVICTION DID NOT ESTABLISH NECESSARY DOMESTIC RELATIONSHIP
Cisneros-Perez v. Gonzales, 451 F.3d 1053 (9th Cir. June 26, 2006) (California conviction of simple battery, in violation of Penal Code 242, did not qualify as deportable domestic violence conviction, under INA 237(a)(2)(E)(i, 8 U.S.C. 1227(a)(2)(E)(i), where record of conviction did not establish necessary domestic relationship), opinion amended on denial of rehearing, ___ F.3d ___, 2006 WL 2819961 (9th Cir. Oct. 4, 2006) (amendment deleted the following sentence: "Where, as here, there are statutes directly addressing domestic violence, such as California Penal Code sections 243(e)(1) and 273.5, only the most convincing proof of the nature of a conviction for a more general crime will suffice to establish a crime of domestic violence." 451 F.3d at 1059-60 [emphasis in original]).
http://caselaw.lp.findlaw.com/data2/circs/9th/0471717p.pdf