Criminal Defense of Immigrants


§ 22.4 (A)

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(A)  In General.  In general, a qualifying domestic violence conviction triggers deportation regardless of sentence, and regardless of whether the conviction is a felony or misdemeanor.[15]  On the other hand, a deportable DV conviction is far less serious than most other conviction-based grounds of deportation: it does not trigger mandatory detention, see Chapter 6, supra, does not trigger inadmissibility, see Chapter 18, supra, does not disqualify a respondent from most types of relief in immigration court, see § 22.7, infra, does not trigger judicial review limitations, see § 15.37(B)(1), supra, and does not constitute a bar to showing Good Moral Character, see § 15.6, supra.   A court finding of a violation of a domestic violence protection order triggers deportation, [16] and all of the other immigration consequences listed here, in exactly the same way as does a qualifying domestic violence conviction.

[15] INA § 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i).  The only exception to this statement is that a conviction that otherwise falls within 18 U.S.C. § 16(b), but not 18 U.S.C. § 16(a), must be a felony or it cannot be considered a crime of violence, and therefore cannot be considered a crime of domestic violence.  See § 19.42, supra.

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