Immigration Consequences of DV Offenses: Stalking and Violation of DVPOs

Last week, in the first part of this two-part series, I talked about the “crime of domestic violence” ground of deportability for noncitizens and what role convictions of North Carolina offenses play in triggering that ground. This post covers immigration consequences of the “stalking” and “violation of protection orders” grounds of deportability. Stalking A conviction for a “crime of stalking” is a deportability ground within 8 U.S.C. 237(a)(2)(E)(i), regardless of whether it involves a domestic relationship. While stalking seems to be a clear cut ground for to removal, a conviction of stalking under G.S. 14-277.3A will not render a noncitizen deportable. In Matter of Sanchez-Lopez, 26 I&N Dec. 71 (BIA 2012), the BIA defined the “crime of stalking” as an offense containing the following elements: “(1) conduct that was engaged in on more than a single occasion, (2) which was directed at a specific individual, (3) with the intent to cause that individual or a member of his or her immediate family to be placed in fear of bodily injury or death.” In that decision, the BIA upheld a finding of deportability for a violation of California’s stalking statute. On reconsideration of the case in 2018, the BIA reversed its own prior decision, holding that a violation of the California stalking statute is not a deportable crime of stalking. 27 I&N Dec. 256 (BIA 2018). The Board reasoned that the California statute can be violated by intent to cause fear for one’s “safety,” while the BIA’s definition of stalking requires intent [...]