Criminal Defense of Immigrants

(C)  Protected Persons.  The domestic violence conviction portion of this ground of deportation does have some limits. It is limited to offenses committed against a person, so it does not include offenses against property that sometimes arise in domestic disturbances, such as malicious mischief or property damage.  Property offenses can therefore be safe havens that will protect the client against deportation.  This ground is limited to offenses against children and against current and former spouses, girlfriends, boyfriends, and some others.  But if the relationship between the defendant and the victim is not a protected relationship, i.e., if it is not on the list, then the conviction will not trigger deportation under this ground even if it arose out of a domestic disturbance.  For example, a plea to a crime of violence committed against a neighbor, or against the new boyfriend of the defendant’s spouse, will not trigger this ground of deportation, even if the offense arose out of a domestic altercation with the spouse.  See § 22.26, infra.