Criminal Defense of Immigrants

Chapter

§22.1 I. Introduction
§22.2 II. Summary for Criminal Defense Attorneys
§22.3 III. Criminal Defense of Domestic Violence Cases
§22.4 IV. Immigration Consequences
§22.5 A. Adverse Immigration Consequences
§22.6 B. Relationship to Other Grounds of Deportation and Inadmissibility
§22.7 C. Immigration Relief
§22.8 D. Post-Conviction Relief
§22.9 V. Domestic Violence Conviction Deportation Ground
§22.10 A. Elements of the Deportation Ground
§22.11 1. Alienage
§22.12 2. Conviction
§22.13 3. Foreign Conviction
§22.14 4. After Admission
§22.15 5. Effective Date
§22.16 6. Listed Offense
§22.17 a. Substantive Offenses
§22.18 b. Non-Substantive Offenses
§22.19 B. Analysis
§22.20 1. Normal Analysis
§22.21 2. Limitation to Elements of the Offense
§22.22 3. Limitation to Record of Conviction
§22.23 C. Specific Listed Offenses
§22.24 1. Crime of Domestic Violence
§22.25 a. Crime of Violence
§22.26 b. Protected Relationship
§22.27 c. Against a Person
§22.28 2. Other Listed Offenses
§22.29 a. Stalking
§22.30 b. Child Abuse
§22.31 c. Child Neglect
§22.32 d. Child Abandonment
§22.33 VI. Court Finding of Protection Order Violation
§22.34 A. Elements of the Deportation Ground
§22.35 B. Not a Finding by a Court
§22.36 C. Finding by Foreign Court
§22.37 D. Finding by a Wrong Court
§22.38 E. Conduct Not Enjoined
§22.39 F. Violation of Wrong Portion of TRO
§22.40 G. Illegal Arrest

§ 22.6 (A)

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(A) In General. It is always important to doublecheck to make sure a given conviction does not fall within a different ground of deportation or inadmissibility than the obvious ones. For domestic violence convictions, the two most pertinent other grounds of deportation are aggravated felony grounds, see § 22.6(B), infra, and crime of moral turpitude grounds. See § 22.6(C), infra.