Immigration is not a topic that has provided much hope in the past couple weeks as the United States and the world struggle to understand what a Trump presidency means for immigrants.
I am by no means an immigration lawyer; but I do handle a good deal of “crimmigation”cases; meaning, the intersection of criminal law and immigration law whereby an individual with immigration concerns has been charged with a criminal matter.
This intersection of law is directly at the heart of word that just came down from the Board of Immigration appeals on November 11, 2016: a conviction for domestic violence under Ohio Revised Code §2919.25(A) is NOT a deportable crime in Ohio.
The issue that arises in these cases is the categorization of domestic violence as a crime of violence. As it relates to immigration, a crime if violence is a no-n0 and will more than likely lead to a finding of removability and deportation. However, in this new opinion, the Board of Immigration Appeals has indicated that Ohio’s domestic violence statute does not categorically involve the use of violent physical force so as to be considered a crime of violence. Thus, not deportable, automatically. There are never any guarantees in the immigration world, and likewise, in the crimmigation world, and each case has different facts of circumstances., but it’s safe to say that a conviction for domestic violence in Ohio does not automatically equal deportation.
Practice tip: A reduction, such as to a simple assault or disorderly conduct is still preferred. If you must plea a case to a domestic violence, put this case on the record.