Criminal Defense of Immigrants

(B)  Who Is a Protected Person.  In order for a conviction to trigger deportation under this ground, there must be a specified relationship between the defendant and the victim.  This includes: (a) current spouse, (b) former spouse, (c) individual with whom the person shares a child in common, (d) cohabitant as a spouse, (e) former cohabitant as a spouse, (e) individual similarly situated to a spouse under the domestic or family violence laws of the jurisdiction where the offense occurs, or (f) 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 local government.[103]  The statute states:

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.[104]

If the government cannot prove by clear and convincing evidence that each of these elements exists, the noncitizen is not deportable under this ground.[105]

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

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

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