Agni v. Holder

**Crime of violence; crime of domestic violence**

Agni’s conviction under section 9A.36.041 of the Revised Code of Washington for fourth degree domestic violence assault does not make him removable under INA § 237 (a)(2)(E)(i) because the record of conviction does not establish that Agni admitted to using the requisite amount of force to satisfy the federal definition of “a crime of violence.”
However, Agni is removable under INA § 237(a)(2)(E)(ii) for a crime of domestic violence. Under the modified categorical approach, the record of conviction shows that Agni was enjoined under a protection order issued for the purpose of preventing violent or threatening acts of domestic violence.  He also admitted in his guilty plea that the order was issued to protect his domestic partner. In addition, facts set forth in the Certification for the Determination of Probable Cause (which was expressly incorporated into the plea agreement with Agni’s consent) establish that the order was issued as a result of Agni’s domestic violence assault conviction and that it required him to maintain a distance of 500 ft. from his domestic partner.

Furthermore, the ROC shows that Agni violated the portion of the order involving “protection against credible threats of violence, repeated harassment, or bodily injury.”  The Certification for the Determination of Probable Cause demonstrates that Agni violated the part of the order requiring him stay 500 ft. away from his partner which while not necessarily violent in and of itself, nonetheless still involves protection against violence, threats or harassment.

http://www.ca9.uscourts.gov/datastore/memoranda/2009/10/28/07-73387.pdf