Criminal Defense of Immigrants

Chapter

§22.1 I. Introduction
§22.2 II. Summary for Criminal Defense Attorneys
§22.3 III. Criminal Defense of Domestic Violence Cases
§22.4 IV. Immigration Consequences
§22.5 A. Adverse Immigration Consequences
§22.6 B. Relationship to Other Grounds of Deportation and Inadmissibility
§22.7 C. Immigration Relief
§22.8 D. Post-Conviction Relief
§22.9 V. Domestic Violence Conviction Deportation Ground
§22.10 A. Elements of the Deportation Ground
§22.11 1. Alienage
§22.12 2. Conviction
§22.13 3. Foreign Conviction
§22.14 4. After Admission
§22.15 5. Effective Date
§22.16 6. Listed Offense
§22.17 a. Substantive Offenses
§22.18 b. Non-Substantive Offenses
§22.19 B. Analysis
§22.20 1. Normal Analysis
§22.21 2. Limitation to Elements of the Offense
§22.22 3. Limitation to Record of Conviction
§22.23 C. Specific Listed Offenses
§22.24 1. Crime of Domestic Violence
§22.25 a. Crime of Violence
§22.26 b. Protected Relationship
§22.27 c. Against a Person
§22.28 2. Other Listed Offenses
§22.29 a. Stalking
§22.30 b. Child Abuse
§22.31 c. Child Neglect
§22.32 d. Child Abandonment
§22.33 VI. Court Finding of Protection Order Violation
§22.34 A. Elements of the Deportation Ground
§22.35 B. Not a Finding by a Court
§22.36 C. Finding by Foreign Court
§22.37 D. Finding by a Wrong Court
§22.38 E. Conduct Not Enjoined
§22.39 F. Violation of Wrong Portion of TRO
§22.40 G. Illegal Arrest

§ 22.17 (A)

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(A) Listed Offenses. If a conviction is for an offense other than a listed offense, it does not trigger deportation under this ground. Listed offenses include “a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment.”[69] These are the only substantive offenses listed in the conviction-based deportation ground. See § 22.24, infra.

[69] INA § 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i).