Seventh Circuit Construes Crime of Domestic Violence Deportability Ground

The Seventh Circuit has determined that the domestic relationship between perpetrator and victim need not be an element of the statute of conviction to establish deportability under section 237(a)(2)(E)(i) of the INA. Instead, the relationship may be established using the circumstance specific approach outlined in Nijhawan v. Holder.

The full text of de Jesus Caldera-Torres v. Garland can be found here:

http://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&Path=Y2023/D04-27/C:22-2282:J:Easterbrook:aut:T:fnOp:N:3036912:S:0

Seventh Circuit finds that Wisconsin Battery Involving Domestic Abuse Conviction is Crime of Domestic Violence

The Seventh Circuit has reaffirmed that a Wisconsin conviction for battery involving domestic abuse is a crime of domestic violence because it involves the use of violent force.

The full text of Beltran-Aguilar v. Whitaker can be found here:

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2019/D01-02/C:18-1799:J:Barrett:aut:T:fnOp:N:2271755:S:0

Eighth Circuit Determines that Wisconsin Burglary Statute is Divisible

The Eighth Circuit has determined that Wisconsin's burglary statute is divisible in light of the Supreme Court's decision in Mathis v. United States.  The court further determined that subsection a of the statute, which criminalized burglary of any building or dwelling, is a match to the generic definition of burglary.  Although this determination arose in the context of a federal sentencing case, given the similarity between the definition of a burglary offense under sentencing law and the definition of a burglary aggravated felony in the immigration context, this decision could be persuasive in the immigration context.

The full text of U.S. v. Lamb can be found here: 

http://media.ca8.uscourts.gov/opndir/17/02/152399P.pdf