Criminal Defense of Immigrants

(A)  In General.  Since the statute does not expressly list any non-substantive offenses, counsel can argue the omission was intentional and they are not included.  This argument is particularly strong with respect to the listed substantive offenses of stalking and child abuse, neglect, or abandonment.  See § 22.18(B), infra.  The more detailed argument to this effect will depend on the wording of the particular substantive offense included within this ground of deportation.  The first part of the “crime of violence” definition, 18 U.S.C. § 16(a), does list two non-substantive offenses, attempt and threat, which gives rise to the argument that the others are not included.  See § 22.18(C), infra.  The second part of the “crime of violence” definition, 18 U.S.C. § 16(b), does not list any non-substantive offenses, but has a general definition that arguably might include some of them.  See § § 22.18(D), § 22.18(E), infra.