Florida Immigration Law

Our client was placed in removal proceedings and charged with removability for a crime of domestic violence based on a Florida conviction for simple battery. The Immigration Judge granted our motion to terminate the proceedings. We persuaded the judge not to consider facts set forth in the arrest report in determining whether the offense constituted a crime of violence, and to limit her inquiry to consideration of the charging document (the information) and the judgement of conviction. In addition, the judge agreed with our argument that since a Florida simple battery can be accomplished by a mere unauthorized touching, the offense categorically does not rise to the level of a crime of violence as defined by the Immigration and Nationality Act. This was a hard fought victory, as the case was complicated by inconsistencies in the applicable federal court decisions.