Criminal Defense of Immigrants

(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).