Criminal Defense of Immigrants

(D)  Conditions of Probation or Parole.  The fact that a defendant was ordered by a sentencing court to participate in drug treatment, domestic violence counseling, etc. cannot be used to determine the nature of the conviction.[381]

[381] See, e.g., Cisneros-Perez v. Gonzales, 451 F.3d 1053 (9th Cir. Jun. 26, 2006) (court could not use fact that noncitizen was ordered to participate in domestic violence counseling to find that simple battery conviction was a crime of domestic violence).