Sunday, June 18, 2006

Case Law Development: Domestic Battery is not a Crime of Violence under Immigration Law Requiring Deportation

The 9th Circuit Court of Appeals has held that an individual convicted of battery upon a cohabitant has not committed a "crime of violence" within the meaning of 18 U.S.C. § 16(a) and thus is not ineligible for cancellation of removal.  The court noted that battery is not per se a crime of violence because it can involve mere offensive touching.  Because the only evidence regarding the crime itself in this case was the charging document and the individual's nolo plea, the court did not consider whether it could look to the circumstances of the individual crime itself to determine whether it was in fact one involving violence.

Ortega-Mendez v. Gonzales, 2006 U.S. App. LEXIS 14689 (June 15, 2006) bgf

http://lawprofessors.typepad.com/family_law/2006/06/case_law_develo_17.html

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