I’ve been explaining what exactly domestic violence is under Michigan law and how it can affect permanent resident status. This post will discuss permanent resident status along with how domestic violence affects undocumented individuals. It can have very significant consequences for both groups of people.
A conviction for domestic violence can make a permanent resident “deportable” by itself if it is a “crime of violence.” Additionally, if a domestic violence conviction has elements of LA VILEZA MORAL, or BAJEZA MORAL, it can make someone deportable if they have TWO crimes on his or her record of this type. Not every crime of domestic violence will have these elements. Some convictions have it and some do not.
VILEZA MORAL or BAJEZA MORAL is a large category of crimes in immigration law, and in other areas of the law as well. For example, this category includes all theft crimes, all drug crimes, all crimes involving fraud, all crimes involving sexual assault, and all domestic violence convictions which have elements of extreme violence or sexual violence. If a person has TWO convictions for this type of offense on his or her record, he or she can lose her permanent resident (or other) status, and could be deported.
Another consequence of a domestic violence conviction—if it is a crime of VILEZA MORAL—is the possibility of immigration detaining a person without bond. When a person is arrested by immigration, he or she may be eligible for a bond that he or she could pay and leave immigration detention to be with his or her family. If a person detained by immigration does NOT get bond, then he or she will have to fight his or her case from jail, and could possibly depart the country from jail, without ever having the opportunity to say goodbye to his or her family.
Thus, getting immigration bond can be a life-changing event. I cannot overstate how important it is. If a person has a conviction for domestic violence and it has elements of LA VILEZA O BAJEZA MORAL, he or she WILL NOT qualify for bond.
Thanks for reading!