Safe Havens

Assuming the criminal prosecution results in a conviction, it can trigger deportation only if (a) the conviction falls within one or more of the conviction-based grounds of deportation, see § 2.8, infra,[12] or (b) the conduct established by the conviction falls within one or more of the conduct-based grounds of deportation.  See § 2.10, infra.  Appendix A contains a checklist of all grounds of deportation.  The conviction-based grounds of deportation are distinguished by the word “conviction” as the last word in the name of the ground of deportation.  The conduct-based grounds of deportation are distinguished by the word “conduct” as the last word in the name of the ground of deportation.  (The ground of deportation that can be based on a civil administrative finding of document fraud cannot be triggered by a conviction.) [13]  The other ground of deportation, that is triggered if a civil or criminal court makes a specified finding that the noncitizen violated a certain portion of a certain type of protective order, [14] is not triggered by a conviction unless the conviction itself qualifies under the ground of deportation.  See § 2.12, infra.

[12] These conviction-based grounds of deportation are also defined in Appendix A, infra, [1], [3]-[6], [9], [10], [15]-[17], [20], [31], [33], [34], [39], [44], [45], [48], [50], [51]. 

[13] There is one ground of deportation based on a finding of an administrative tribunal: a noncitizen who is the subject of a “final order” for violation of INA § 274C, 8 U.S.C. § 1324c (document fraud). INA § 237(a)(3)(C)(i), 8 U.S.C. § 1227(a)(3)(C)(i); Appendix A [13], infra.

[14] There is one civil court order-based ground of deportation: a court order finding a noncitizen has violated a certain portion of a domestic-violence protection order after a certain date.  INA § 237(a)(2)(E)(ii), 8 U.S.C. § 1227(a)(2)(E)(ii); Appendix A [7], infra.