Criminal Defense of Immigrants



 
 

§ 22.15 5. Effective Date

 
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The conviction must also occur after September 30, 1996 (the effective date of IIRAIRA) to trigger deportability under this ground.[67]  Note that it is the conviction (rather than the commission of the offense) that must occur after that date for the listed criminal convictions to trigger deportation.  For the domestic violence protection order violation finding to trigger deportation, it is the violation, not the finding, that must occur after September 30, 1996.  See § 22.34, infra. 


[67] IIRAIRA § 350(a).

Updates

 

BIA

DOMESTIC VIOLENCE - EFFECTIVE DATE
Matter of Gonzalez-Silva, 24 I.& N. Dec. 218, 220 (BIA 2007) (conviction occurring prior to the effective date of INA 237(a)(2)(E), 8 U.S.C. 1227(a)(2)(E) (2000), is not "convicted of an offense under" that section and therefore is not barred from establishing eligibility for cancellation of removal by INA 240A(b)(1)(C), 8 U.S.C. 1229b(b)(1)(C)(2000).). http://www.usdoj.gov/eoir/vll/intdec/vol24/3570.pdf

Ninth Circuit

RELIEF - NON-LPR CANCELLATION - DOMESTIC VIOLENCE CONVICTION DID NOT BAR CANCELLATION BECAUSE COMMITTED PRIOR TO EFFECTIVE DATE OF DEPORTATION GROUND DOMESTIC VIOLENCE - EFFECTIVE DATE
Mota v. Mukasey, 543 F.3d 1165 (9th Cir.Sept. 17, 2008) (domestic violence conviction does not bar non-LPR cancellation of removal under INA 240A(b)(1)(B), since the conviction occurred prior to Sept. 30, 1996, the effective date of the domestic violence ground of removal).

 

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