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DV Immigration

How Can a Domestic Violence Conviction Affect Immigration?

A conviction for domestic violence (DV) or related crime in Los Angeles can potentially subject a non-citizen to deportation. Sometimes, it can also make an immigrant inadmissible for re-entry to the United States and ineligible for citizenship or a green card.

The crime of domestic violence is described as any crime of violence that was committed against a current or former spouse, romantic partner, or another person with whom the defendant has a child.

How Can a Domestic Violence Conviction Affect Immigration?
A domestic violence conviction can potentially subject a non-citizen to deportation from the U.S.

Some of the most common domestic violence offenses affecting immigration include any crimes of crime of violence against a current or former domestic partner, such as Penal Code 273.5 PC corporal injury to a spouse.

Other crimes include Penal Code 273d PC child abuse, Penal Code 270 PC neglect or abandonment, Penal Code 273(a) child endangerment, Penal Code 646.9 PC stalking, and Penal Code 273.6 PC violation of a domestic violence protective order.

These DV charges can be challenging to prove, but there is hope with the right legal defense. A skilled criminal defense lawyer might be able to prevent a conviction. Another strategy is negotiating a favorable plea bargain for a non-removable offense, providing a path to a more optimistic outcome.

However, some domestic violence offenses are aggravated felonies or crimes of moral turpitude. A guilty plea to one of these crimes can lead to mandatory deportation and inadmissibility. Perhaps we can negotiate for reduced domestic violence charges.

California is home to many undocumented citizens from every part of the world. When noncitizens face criminal prosecution, it often leads to harsh immigration consequences.

As noted, a conviction for domestic violence could subject a noncitizen to deportation and make them inadmissible to re-enter the United States and ineligible for citizenship or a green card. We might be able to help you avoid a conviction or negotiate with the district attorney to ensure your case would not lead to deportation.

What is the U.S. Immigration and Nationality Act?

The United States Immigration and Nationality Act is a federal law that governs immigration and naturalization in the United States. It describes the conditions under which undocumented citizens can be subject to optional or mandatory removal from the country. Consider the following quick facts:

  • After a non-citizen citizen is in custody, the Department of Homeland Security (DHS) is notified, and an immigration hold can be issued.
  • The holds are saying not to release the undocumented citizen after they have served their sentence.
  • DHS will place them in federal custody and start removal proceedings.
  • These holds are not always honored in all California jails.
  • The INA defines a crime of domestic violence as violence committed against a current or former spouse, someone the accused has a child with or a live-in romantic partner.
  • A domestic violence conviction can result in immigration consequences, including deportation, removal, or denial of naturalization.
  • Someone inadmissible to the U.S. cannot re-enter the U.S. lawfully after leaving, become a US citizen (naturalize), or become a legal permanent resident (green card holder).
  • Conviction of most crimes of domestic violence offense subjects someone to optional removal from the United States.
  • Unless the crime is also considered an aggravated felony or a crime involving moral turpitude (CIMT), it does not make someone inadmissible.

In context with immigration law, it's considered a crime of violence if there is attempted use of violence or threats of physical force.

It also includes when the DV offense was a felony because it involved a substantial risk that physical force would be used to commit the crime.

What are Crimes Involving Moral Turpitude?

The United States Citizenship and Immigration Services (USCIS) lists certain criminal convictions that would make undocumented citizens deportable.

While domestic violence is not on the list, some offenses are considered crimes involving moral turpitude because of the type of behavior that is required for a conviction.

Sometimes, the behavior required for a domestic violence conviction could be classified as an aggravated felony, leading to removal proceedings.

Notably, any California crime that could result in a sentence of up to one year or longer can be considered a crime of moral turpitude for immigration purposes.

This fact is essential because almost all domestic violence convictions have the possibility of up to one year in the county jail. Thus, any DV conviction can potentially lead to deportation and make an undocumented citizen inadmissible to the United States. Some of the most common offenses involving moral turpitude include the following:

Other offenses covered by the INA include intentionally causing mental or emotional harm to a child, allowing a minor to engage in prostitution, pornography, or other sexually explicit conduct, or exploiting a child for sexual gratification.

Penal Code 646.9 PC, the stalking law, is a deportable offense that involves repeatedly following, harassing, or threatening another person to the point where they fear for their safety or the safety of their family.

A non-citizen is deportable if either a criminal or a civil court issues a finding that they have violated a protective or restraining order meant to prevent domestic violence.

What is a Deportation Hearing?

Suppose you are a lawful permanent resident, a "green card" holder, or in the United States on a visa. In that case, you have the legal right to a formal hearing before an immigration judge can remove you from the country.

You also have the legal right to appeal an unfavorable decision to the Board of Immigration Appeals.

If you are in the United States unlawfully, you don't have a legal right to this formal hearing. You can be deported and removed from the country by U.S. Immigration and Customs Enforcement (ICE) (link) due to the fact you are here illegally.

How Can You Avoid Deportation?

Avoiding a domestic violence conviction is the best way to avoid deportation from the United States. Simply put, if you are not convicted of a charge that makes you eligible for removal under immigration law, you won't face deportation.

One way to avoid a domestic violence conviction is to accept a plea bargain for a lesser offense. Still, you must plead guilty to a charge that doesn't carry adverse immigration consequences, such as the following:

  • Penal Code 242 PC - Battery.
  • Penal Code 602 PC - Trespassing.
  • Penal Code 236 PC - False Imprisonment (misdemeanor).

Notably, it might be possible to accept a plea offer that does not carry any immigration consequences or pleas that minimize any immigration risk.

How Can You Avoid Deportation?

Also, even if you are convicted, we can assist you with post-conviction relief (writ of habeas corpus) or reduce your conviction to a misdemeanor offense.

You need to understand that even a misdemeanor domestic violence conviction can still result in removal proceedings. If deported, a conviction could lead to denial of a citizenship application.

Therefore, if you have been accused of a domestic violence incident, it's crucial to discuss your situation with our experienced Los Angeles domestic violence defense lawyers. Seeking legal advice will give you the guidance and reassurance you need during this challenging time.

We have a track record of success and may be able to help you avoid deportation. The Hedding Law Firm is based in Los Angeles, CA, and we are committed to fighting for the best possible outcome for our clients, providing hope and optimism during this difficult time.

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