Criminal Defense of Immigrants

In 1996, Congress created a new, very broad ground of deportation for those, including juveniles, who suffer a court finding of a violation of a family-violence protective order.[156]  A person becomes deportable whom a civil or criminal court has found to have violated a domestic violence protective order, even without a criminal conviction.  See § 22.34(B), infra.  This ground applies only to “violations” occurring “after” the effective date of IIRAIRA, September 30, 1996.  See § 22.34(C), infra.  This deportation ground may apply to juveniles, as well as adults, since it does not depend on the existence of a criminal conviction, and it is likely (though not certain) that a juvenile court would be considered a “civil or criminal court” for this purpose.  It is therefore important to avoid a juvenile court finding that the minor violated a domestic violence temporary restraining order.  See § 22.34(D), infra. There are a number of safe havens with respect to this ground of deportation.  See § 22.34(E), infra.

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