A misdemeanor assault conviction under RCW 9A.36.041 can trigger removal (a.k.a. deportation) for a noncitizen under several different grounds of immigration law. Such a conviction can also prevent otherwise eligible noncitizens from obtaining immigration benefits such as lawful status, U.S. citizenship, asylum and relief from removal known as “cancellation of removal.” However, under current case law from the Ninth Circuit and the Board of Immigration Appeals (BIA), many of these negative immigration consequences (especially deportation) can be avoided with careful pretrial analysis, clear plea negotiations and, most importantly, carefully crafted plea statements. This advisory provides defense counsel with strategies to avoid triggering removal (deportation) for noncitizen defendants charged with fourth degree assault and violations of a no-contact order.

The following information is designed to help attorneys and advocates working with immigrant victims of domestic violence, sexual assault and trafficking who, due to dual arrest or other factors, have been arrested or have become defendants in criminal prosecutions or have obtained criminal convictions. Immigration victims who otherwise qualify for immigration relief under the Violence Against Women Act’s (VAWA) self-petitioning, VAWA cancellation of removal, U-visa crime victim protections or T visa trafficking victim protections can be cut off from access to the protection offered by these forms of immigration relief if they are arrested, plead guilty or are otherwise convicted of a crime. For this reason it is important that advocates, attorneys and justice system personnel working with immigrant victims have a basic understanding of the immigration consequences of criminal conduct and convictions for immigrant victims of violence against women. This overview highlights some of the essential information and analysis necessary to understand how criminal convictions can harm immigrant victims.

A Q&A regarding the criminal justice system covering topics of participants in the criminal justice system, classifications of crimes, individuals basic rights if accused of a crime, and basic issues involved in protection orders.