Can a Non-Citizen Be Deported For Domestic Violence?

Yes. Many crimes in California are serious but the domestic violence crimes carry a particularly harsh consequence for those who are in this country temporarily.  The Federal Immigration Authorities despise all domestic violence crimes and when you commit one you can easily get kicked out of the country if you are CONVICTED in COURT.  This is important, because simply being arrested is not enough, only a conviction for the DV crime renders you deportable.  Here is the relevent law:

“Any alien who at any time after admission is convicted of a crime of domestic
violence . . . is deportable. For purposes of this clause, the term “crime of domestic
violence” means any crime of violence (as defined in section 16 of title 18, United
States Code) against a person committed by a current or former spouse of the person,
by an individual with whom the person shares a child in common, by an individual
who is cohabiting with or has cohabited with the person as a spouse, by an individual
similarly situated to a spouse of the person under the domestic or family violence laws
of the jurisdiction where the offense occurs, or by any other individual against a
person who is protected from that individual’s acts under the domestic or family
violence laws of the United States or any State, Indian tribal government, or unit of
local government.”

The Feds will make it very difficult if you have a court record showing a conviction for a domestic violence crime.  the best advice is to hire a criminal defense attorney who understands the consequences and will aspire to get the charges dropped.  Matthew Ruff, a criminal lawyer in Los Angeles comments that the big three crimes they look for are Penal Code 245, Penal Code 422 and Penal Code 273.5.  The lesser misdemeanor crimes of 243e1 and 242 are serious too.  There are ways to have these charges dropped.  The police routinely arrest and ask questions later, jumping to conclusions about a person’s guilt.

About thetorranceattorney

Matthew Ruff is a Torrance criminal defense attorney located near the 405 freeway on Crenshaw Blvd. Focusing on DUI and serious criminal cases for over twenty years. In addition to criminal cases, Matthew also defends clients at the DMV.
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