Criminal Defense of Immigrants
Chapter
§ 22.7 (F)
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(F) Cancellation of Removal Under Violence Against Women Act. A deportable domestic violence conviction bars cancellation of removal under the Violence Against Women Act, but a waiver is available. See § 22.5(F), infra. Since VAWA cancellation is barred if the person is “deportable” under the domestic violence ground,[42] the bar does not apply to persons who entered without inspection or were convicted before admission.
[42] INA § 240A(b)(2)(A)(iv), 8 U.S.C. § 1229b(b)(2)(A)(iv).
Updates
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.