Green card holder deported over fistfight

The Denver Post newspaper recently reported that an alien (who had been a green card holder for over 10 years) was being deported/removed because of a fistfight in 2004. He was convicted of "simple assault", which was only a misdemeanor under state law. (He got into the fight after being taunted about his ethnic background.)

This was the alien’s first offense of any kind. Both he and the other man he fought with received only minor scrapes, and he served only 35 days in jail. He had a US citizen wife and four US-born children. However, the Department of Homeland Security decided to treat his state misdemeanor assault conviction as a "crime of violence" and thus an "aggravated felony" under federal law. Consequently, he was subject to deportation/removal.

He even appealed all the way up to the US Supreme Court, which refused to hear his case.

The reason that I bring up this case is that sometimes people get into arguments, and start shouting at each other. One of them may be a non-citizen, wanting to prove that he is "macho", so he gets into a fight with the other person, or may start waving a gun to show how manly or macho he is. Or, a husband and wife may get into an argument, and before you know it, he pushes her and police are called. The husband may be arrested for "spousal abuse". As you can see from this case, if you get physical or abusive trying to demonstrate how macho you are, you may find yourself being sent back to the Philippines for life, even if you have been a green card holder for many years, and have a citizen spouse and citizen children. Don’t let the heat of passion get you deported.

If you have committed a crime and are facing deportation, you should seek the advice of a reputable attorney who can evaluate whether your crime is considered an "aggravated felony", and/or whether a waiver is available.

In addition, if you are still an immigrant and are "crime-free", (i.e. you have not committed any crimes), I would urge you to immediately pursue citizenship, just in case you get into some kind of fight years from now while still an immigrant, and then get yourself deported. Citizens cannot be deported.

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