Pearland, TX asked in Immigration Law and Criminal Law for Texas

Q: Family Violence assault by contact misdemeanor C, issued citation - deportable offense for permanent resident?

The incident occurred between former spouses. The offender is a permanent resident since 2014.

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2 Lawyer Answers
Robert Roy Klein
Robert Roy Klein
Answered
  • Immigration Law Lawyer
  • Newport Beach, CA

A: It depends. It would be up to the officer who receives any referral. It would have to be severe enough to revoke LPR status. Also, because the person is an LPR, the person would receive a notice to appear and notice of hearing to go to court to argue in court whether they should have their LPR status revoked. If this happens, he or she will definitely want an attorney.

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: You should consult an immigration attorney that practices in the same jurisdiction where the alleged offense occurred. Tn many circumstances, the Texas Assault statute allows conviction based on a RECKLESS act, but the Fifth Circuit Court of Appeals (which has jurisdiction over Texas) has ruled that a Crime Involving Moral Turpitude must only be based on an act committed INTENTIONALLY or KNOWINGINGLY... so that excludes higher level misdemeanor assaaults that do not involve a deadly weapon or serious bodily injury.

In Texas, a Class C assault can only be committed intentionally or knowingly... but it can be committed by either offensive (yet non-painful) physical contact or by an imminent THREAT to inflict pain or injury. Meanwhile, the federal definition of "misdemeanor crime of domestic violence" involves the use or attempted use of physical force, or the threatened use of a deadly weapon... So there is a lot over overlap and still plenty of situations where you can have one but not the other...

Bottom line is that you should have a private consultation with an immigration attorney based in Texas and if the class C is still pending then you should also hire a criminal defense attorney to maximize your chances of getting a dismissal... the terms of a dismissal can matter so don't accept anything but a clean dismissal without the approval of your immigration attorney.

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