Criminal Defense of Immigrants
Chapter
§ 22.7 (I)
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(I) NACARA Suspension of Deportation. A deportable domestic violence conviction or finding disqualifies a noncitizen from seven-year NACARA suspension of deportation, [52] unless it is waived.[53] A battered noncitizen, however, would be eligible for three-year suspension of deportation regardless of a domestic violence deportation ground,[54] even without a waiver.
[52] 8 C.F.R. § 240.65(b).
[53] See 8 C.F.R. § 240.65(c). This is because the noncitizen would no longer be deportable on a criminal ground of deportation.
[54] See 8 C.F.R. § 240.65(d).
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.