Criminal Defense of Immigrants

In order to constitute a deportable conviction of a crime of domestic violence, the victim must be on the list as a protected victim.  The statute defines “crime of domestic violence” as follows:

For purposes of this clause, the term “crime of domestic violence” means any crime of violence (as defined in section 16 of Title 18) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.[89]

This offense therefore has the following elements:

                (1) a listed crime of

                (2) domestic

                (3) violence

                (4) against a listed person.

If the government is unable to prove any of these elements by clear and convincing evidence, it cannot establish this ground of deportation.[90]

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

[90] Woodby v. INS, 385 U.S. 276 (1966).