Unit 5: Crimes Against the Person (cont ’ d). Domestic Violence, Crimes Against Children, & Sex Abuse of a Minor. Domestic Violence/Crime Against Child Deportability Ground. Deportable, not inadmissible INA 237(a)(2)(E), 8 USC 1227(a)(2)(E)
Domestic Violence, Crimes Against Children, & Sex Abuse of a Minor
(unlike COV AF)
1. COV as defined in 18 USC § 16; and
2. Against a person covered under a defined domestic relationship.
(So, property crimes can’t be CODV)
• Current or former spouse
• Co-parent of child
• Current or former cohabitor as a spouse
• Person “similarly situated” to spouse under law of the jurisdiction of offense
! Watch out for state/local law that protects broader class of persons, e.g. dating without cohabiting, blood relative, etc.
Three Safe Havens:
(1) Avoid a COV as defined in 18 USC § 16
(2) Avoid a crime against the person
(3) Avoid a protected person (someone who falls under the covered relationship)
• Plead to offense against person who does not fall within covered relationships
• If such person is covered, do not identify relationship in record of conviction -
! But circuits split on whether immigration court may look outside ROC to determine whether offense was against person in covered relationship (e.g. 9th, 7th, 2nd).
Vacation of judgment for cause –yes
In re Rodriguez-Rodriguez, 22 I. & N. Dec. 991 (BIA 1999); In re Manzano-Hernandez, 2005 WL 698392 (BIA 2005) (unpublished).
Statute, entitled “malicious punishment of a child,” punished “A parent, legal guardian, or caretaker who, by an intentional act or a series of intentional acts with respect to a child, evidences unreasonable force or cruel discipline that is excessive under the circumstance.” Minn. Stat. § 609.377(1).
Defines‘sexual abuse’ as:
“The employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children.”
“Neither the agency’s reliance on 18 U.S.C. § 3509(a) . . . to determine the meaning of ‘sexual abuse of a minor,’ nor the resulting definition, is unreasonable.”Mugalli v. Ashcroft, 258 F.3d 52 (2d Cir. 2001).
“We find the BIA’s definition of sexual abuse of a minor to be a reasonable construction.”Lara-Ruiz v. INS, 241 F.3d 934 (7th Cir. 2001)
US v. Baron-Medina, 187 F.3d 1144 (9th Cir 1999)
U.S. v. Pallares-Galan, 359 F.3d 1088(9th Cir. 2003) (illegal reentry case)
Court focused on fact that statute includes conduct that merely “annoys” or “irritates” (making gestures from car, public urination)
“[T]he California misdemeanor statute is intended to outlaw. . .‘objectively annoying conduct.’ Such conduct may involve neither harm or injury to a minor, nor the touching of or by a minor, and does not constitute ‘sexual abuse of a minor’”
Sexual Abuse of a Minor