(D)  Cancellation of Removal for Non-LPRs.  A deportable domestic violence conviction disqualifies a noncitizen from eligibility for cancellation of removal for non-Lawful Permanent Residents, who have resided in the U.S. for ten years and can show extraordinary hardship to certain relatives.  See § 24.5, infra.[37]

 

                The stop-time rule, however, is not triggered by such a conviction because a domestic violence conviction is not referred to in INA § 212(a)(2), unless it qualifies as a conviction of a crime of moral turpitude.  See § 24.6(B), infra.  The domestic violence conviction deportation waiver applies to avoid triggering the stop-time rule.[38]  Moreover, this waiver waives any Good Moral Character bar based on a qualifying conviction as well.[39]

 

[37] Gonzalez-Gonzalez v. Ashcroft, 390 F.3d 649 (9th Cir. Nov. 29, 2004) (inadmissible noncitizen who was convicted of a crime of domestic violence under INA § 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i), is ineligible for cancellation of removal under INA § 240A(b)(1)(C), 8 U.S.C. § 1229b(b)(1)(C); the phrase “convicted of an offense under” in INA § 240A(b)(1)(C), 8 U.S.C. § 1229b(b)(1)(C) means “convicted of an offense described under” any of the three statutes listed).

[38] INA § 240A(b)(5), 8 U.S.C. § 1229b(b)(5).

[39] Ibid.

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.