Safe Havens

(C)  Against a Person.  In addition to the foregoing elements, this deportation ground requires that the offense must have been convicted “against a person . . . .”[1119]  A conviction of an offense against property does not qualify.  This is clear from the plain meaning of the statute.  Even if the statute were ambiguous on this point, the statute must be construed in favor of the noncitizen.[1120]

[1119] INA § 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i).  Actually, the quoted language constitutes a limitation only on the inclusion of those convicted of “crimes of domestic violence,” but each of the other conviction-based offenses included here must be committed against a “child,” so it is clear that in order to qualify under the domestic violence conviction deportation ground, the offense must be committed “against a person” rather than against property.  Ibid.  Compare “crime of violence,” under 18 U.S.C. § 16, which may be committed against person or property.

[1120] Barber v. Gonzales, 347 U.S. 637, 642, 74 S.Ct. 822, 825 (1954); Fong Haw Tan v. Phelan, 333 U.S. 6, 10, 68 S.Ct. 374, 376 (1948); Garcia‑Gonzales  v. Immigration and Naturalization Service, 344 F.2d 804 (9th Cir. 1965).