Matter of H. Estrada, 26 I&N Dec. 749 (BIA 2016)
(1) In analyzing whether a conviction is for a crime of domestic violence under section
237(a)(2)(E)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(i)
(2012), the circumstance-specific approach is properly applied to determine the
domestic nature of the offense.
(2) Where the respondent’s original sentence for his Georgia conviction was ambiguous
as to whether he was sentenced to probation or a probated term of imprisonment, a
clarification order issued by the sentencing judge to correct an obvious discrepancy in
her original order will be given effect in determining whether the respondent was
sentenced to a term of imprisonment of at least 1 year.
(1) In analyzing whether a conviction is for a crime of domestic violence under section
237(a)(2)(E)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(i)
(2012), the circumstance-specific approach is properly applied to determine the
domestic nature of the offense.
(2) Where the respondent’s original sentence for his Georgia conviction was ambiguous
as to whether he was sentenced to probation or a probated term of imprisonment, a
clarification order issued by the sentencing judge to correct an obvious discrepancy in
her original order will be given effect in determining whether the respondent was
sentenced to a term of imprisonment of at least 1 year.
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