Domestic Assault and Battery in VA
Jan 01, 2006OUTCOME: the removal proceedings were terminated. client retained his LPR status
ADVERTISING MATERIAL: CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAW FIRM. This is one of the very first case decisions rendered by the Board o ... f Immigration Appeals, ruling that Section 18.2-57.2(a) of Virginia Code, Assault and Battery against household member, is categorically not a crime of violence and therefore may not a deportable offense under section 237(a)(2)(E)(i) of the INA. Our firm represented a lawful permanent resident who was facing deportation because of the conviction of domestic assault and battery under Virginia Code 18.2-57.2(a). We argued before the immigration court that our client is not deportable because this offense is not categorically a crime of violence. The immigration court ruled against the client and we filed the appeal. The Board of Immigration Appeals agreed with us and remanded the case back to the court for further proceedings.
