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Immigration Consequences of DV Offenses: Crimes of Domestic Violence

A noncitizen can lose status—that is, the right to be in the U.S.—and be forced to leave if he or she comes within a ground of deportability. In general, the grounds of deportability apply to noncitizens who have been lawfully “admitted.” This includes both lawful permanent residents (“green card” holders) and holders of temporary, nonimmigrant visas.

There are several criminal grounds of deportability in the federal immigration statutes, provided in Title 8, Section 1227 of the United States Code. One of these grounds is conviction of a crime of domestic violence. In order to be a crime of domestic violence under federal immigration law, the offense must meet the federal definition of a “crime of violence” under 18 U.S.C. 16 and must also be against a person in a domestic relationship with the defendant. This provision of the statute also includes deportation for crimes of child abuse, child neglect, or child abandonment, but discussion of those grounds is outside the scope of this post.

This post is the first in a two-part series and examines immigration consequences of convictions of offenses involving domestic violence under North Carolina law. It is not intended to be a comprehensive analysis of immigration law; rather, it assesses the immigration consequences of selected North Carolina offenses and only within the scope of the domestic violence ground of deportability.

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A Closer Look at the New Misdemeanor DV Crime and the 48-Hour Rule

I previously blogged about the new misdemeanor crime of domestic violence, which will take effect on December 1, 2023. For the new offense, codified as G.S. 14-32.5, a person is guilty of a Class A1 misdemeanor if that person uses or attempts to use physical force, or threatens the use of a deadly weapon, against another person. The person who commits the offense must have a covered relationship with the victim, as specified by the statute.

While both the new misdemeanor domestic violence statute (G.S. 14-32.5) and the existing domestic violence pretrial release statute (G.S. 15A-534.1) require both a covered offense and a qualifying relationship, the requirements do not mirror one another. This post explores the interplay between the relationships listed under G.S. 14-32.5 and G.S. 15A-534.1.

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