Legal Question in Immigration Law in Washington

Domestic Violence - Illegal Alien

If someone is convicted of Domestic Violence in Washington State, is it a Felony? Can he still have a gun?

Since he is an illegal alien, will he be deported if ICE finds out?

Will ICE be notified automatically or will it only become known if ICE finds him anyway?

Asked on 6/12/08, 1:22 am

1 Answer from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: Domestic Violence - Illegal Alien

Domestic Violence is a case designator that can apply to a number of different underlying charges, some misdemeanors and some felonies. I think all domestic violence cases result in a firearm prohibition but you should check with the lawyer that represented him.

Domestic violence means that the underlying crime (assault, theft, etc) was committed against a relation. Most Federal District Court Immigration Judge's interpret DV as a separate basis for removal from the US, in addition to the possibility of the underlying crime being a basis as well. Needless to say, if he is "Illegal" he is already subject to removal. ICE usually becomes an issue when the person is incustody. Whether the jail facility informs ICE directly usually varies by jurisdiction.

At your service,

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Answered on 6/12/08, 12:44 pm

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