§ 22.24 1. Crime of Domestic Violence
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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.
This offense therefore has the following elements:
(1) a listed crime of
(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.
 INA § 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i).
 Woodby v. INS, 385 U.S. 276 (1966).