Removal proceedings terminated by Immigration Judge. Client is an LPR and has 3 convictions; 2 battery convictions and 1 assault conviction. DHS charged him with removability as an alien convicted of 2 crimes involving moral turpitude and an alien convicted of a crime of domestic violence. We were able to bond client out and then get proceedings terminated because DHS could not establish removability by clear and convincing evidence; battery is not categorically a CIMT or a COV. While the new 9th Circuit case overruling Silva-Trevino helped, proceedings would have terminated regardless because DHS tried to bypass the second step in Silva-Trevino and did not submit the required docs.
Posted on May 31, 2013 by Brian D. Lerner