Category Archives: Domestic battery

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

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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

Posted in Aggravated felony, crime of violence, Domestic battery | Leave a comment

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

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Domestic Battery Conviction , Illinois and Removal, Deportation from the United States

Domestic violence and related convictions will cause immigration problems not only for individuals that have a pending application for permanent resident status (green card) with the local CIS office but also for individuals that are already permanent residents or those … Continue reading

Posted in Chicago Immigration Court, Citizenship and Immigration Services (CIS), Deportation, Domestic battery, Good Moral Character (GMC), Naturalization N-400 applicant, Removal | Leave a comment

Misdemeanor Domestic Battery not a Crime of Violence, Flores v. Ashcroft, Seventh Circuit, November 2003

In Flores v. Ashcroft the Seventh Circuit held that a respondentconvicted under the Indiana Battery statute was not deportable for acrime involving domestic violence because there was not a substantialrisk that the offense involved the use of force. November 26, … Continue reading

Posted in 7th Circuit, Chicago Immigration Court, Deportation, Domestic battery, Good Moral Character (GMC), Immigration Judge, Naturalization N-400 applicant, Removal | Leave a comment