(C)  Cancellation of Removal for LPRs.  Lawful permanent residents in removal proceedings that began on or after April 1, 1997 may cancel removal despite being deportable under the domestic violence ground, since an aggravated felony conviction is the only conviction-based deportation ground that disqualifies a person from eligibility for this waiver.

 

An offense that causes deportability only under the domestic violence ground does not “stop the clock” for purposes of acquiring the seven years residence required for cancellation.[36]  If the conviction is not only a domestic violence offense, but also a crime involving moral turpitude, such as a conviction of a violent crime against a spouse or child abuse, it will stop the clock if it caused the person to become inadmissible or deportable under the moral turpitude grounds.  See § 24.4, infra.

 

[36] See INA § 240A(d), 8 U.S.C. § 1229b(d)(to stop the clock, a conviction must be referred to in INA § 212(a)(2), 8 U.S.C. § 1182(a)(2)).   Because that section does not refer to a firearms offense, such offenses do not stop the clock.  Matter of Campos-Torres, 22 I. & N. Dec. 1289 (BIA 2000).  The same holds true for a domestic violence conviction.

Other

DOMESTIC VIOLENCE - IMMIGRATION EFFECTS - BAR TO NON-LPR CANCELLATION
Brady, "Defense Strategies: Matter of Almanza Arenas" at www.ilrc.org/criminal.php or in July 2009 Benders Immigration Bulletin.