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Category Archives: Domestic battery
CA7 affirms removal for Violation of Order of Protection to stay away from Petitioner, threats of violence and bodily injury not required
Court did not err in finding that alien was statutorily ineligible to obtain cancellation of removal relief, where alien had 2010 State of Illinois conviction for violating domestic order. Under 8 USC section 1227(a)(2)(E)(ii), alien is removable where court has … Continue reading
CA7 upholds denial of non LPR Cancellation of Removal due to aggravated felony conviction for domestic battery
§ 1229b. Cancellation of removal; adjustment of status (a) Cancellation of removal for certain permanent residents. The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien– … Continue reading
BIA Finds Conviction for Violating Kansas No-Contact Provision Is a Removable Offense
A conviction for violation of the no-contact provision of a protection order issued under the Kansas Protection from Abuse Act constitutes a removable offense under INA §237(a)(2)(E)(ii). Matter of Strydom, 25 I&N Dec. 507 (BIA 2011). The Board held that a … Continue reading
Supreme Court Holds that Florida Battery Conviction Was Not “Violent Felony”
In a case with implications for aliens facing domestic violence deportation charges or with aggravated-felony crime of violence convictions, the U.S. Supreme Court in Johnson v. U.S., 2010 WL 693687, held that the Florida felony offense of battery by “[a]ctually … Continue reading
BIA Holds that California Conviction for Infliction of Corporal Injury on Spouse Is Crime of Violence
The BIA held in Matter of Perez Ramirez, 25 I. & N. Dec. 203 (B.I.A. Mar. 17, 2010), that (1) where a criminal alien’s sentence has been modified to include a term of imprisonment following a violation of probation, the … Continue reading