Illinois Domestic Violence Conviction Basis for Deportation


The U.S. Court of Appeals for the 7th Circuit recently ruled that a permanent resident’s second conviction for domestic violence under the Illinois domestic battery statute constituted an “aggravated felony” and basis for removal proceedings against him.

In that case, the permanent resident subject to removal had been in the country and was a “Green card” holder for a long period of time. In his first tangle with the law, he pled guilty to a misdemeanor battery charge for holding a knife to his wife (the mother of his three children) during a domestic argument.

When he was again arrested for taking a similar action against his wife a year later, he was charged with a felony and sentenced to prison. The State Department then initiated a removal action and his attorney argued that his felony conviction did not constitute an “aggravated felony” that would support removal.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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