Criminal Defense of Immigrants

Chapter

§22.1 I. Introduction
§22.2 II. Summary for Criminal Defense Attorneys
§22.3 III. Criminal Defense of Domestic Violence Cases
§22.4 IV. Immigration Consequences
§22.5 A. Adverse Immigration Consequences
§22.6 B. Relationship to Other Grounds of Deportation and Inadmissibility
§22.7 C. Immigration Relief
§22.8 D. Post-Conviction Relief
§22.9 V. Domestic Violence Conviction Deportation Ground
§22.10 A. Elements of the Deportation Ground
§22.11 1. Alienage
§22.12 2. Conviction
§22.13 3. Foreign Conviction
§22.14 4. After Admission
§22.15 5. Effective Date
§22.16 6. Listed Offense
§22.17 a. Substantive Offenses
§22.18 b. Non-Substantive Offenses
§22.19 B. Analysis
§22.20 1. Normal Analysis
§22.21 2. Limitation to Elements of the Offense
§22.22 3. Limitation to Record of Conviction
§22.23 C. Specific Listed Offenses
§22.24 1. Crime of Domestic Violence
§22.25 a. Crime of Violence
§22.26 b. Protected Relationship
§22.27 c. Against a Person
§22.28 2. Other Listed Offenses
§22.29 a. Stalking
§22.30 b. Child Abuse
§22.31 c. Child Neglect
§22.32 d. Child Abandonment
§22.33 VI. Court Finding of Protection Order Violation
§22.34 A. Elements of the Deportation Ground
§22.35 B. Not a Finding by a Court
§22.36 C. Finding by Foreign Court
§22.37 D. Finding by a Wrong Court
§22.38 E. Conduct Not Enjoined
§22.39 F. Violation of Wrong Portion of TRO
§22.40 G. Illegal Arrest

§ 22.40 G. Illegal Arrest

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Arrests for violation of protective orders must be examined to determine whether they were lawfully conducted. For example, the arresting officer may make an illegal arrest if s/he does so without learning the exact terms of the protection order before making an arrest for its violation.[180]

[180] Beier v. City of Lewiston, 354 F.3d 1058 (9th Cir. Jan. 14, 2004).