Domestic Violence Charges and Immigration in Massachusetts: The 8 U.S.C. § 1227(a)(2)(E) Deportation Ground

Scope of representation. Serpa Law Office represents non-citizen defendants on the criminal side of Massachusetts court proceedings only. We use this knowledge to pursue the best available outcomes for non-citizens in criminal cases. Attorney Serpa does not represent clients in immigration court, before the Board of Immigration Appeals, or in removal proceedings. For representation in removal proceedings or before USCIS, clients should retain experienced immigration counsel. For complex matters requiring coordination between criminal defense and immigration counsel, Attorney Serpa works with the client’s immigration attorney to ensure that the criminal defense strategy accounts for all immigration consequences at every stage of the case.

The Domestic Violence Deportation Ground: 8 U.S.C. § 1227(a)(2)(E)

Section 1227(a)(2)(E) of the Immigration and Nationality Act creates two independent deportation grounds for non-citizens involved in domestic violence:

§ 1227(a)(2)(E)(i): Crime of domestic violence. A non-citizen who is convicted of a crime of domestic violence, as defined in 18 U.S.C. § 16, against a person who is a family or household member under the law of the jurisdiction of conviction, is deportable. Under United States v. Castleman (572 U.S. 157, 2014), a “crime of domestic violence” includes any offense that has as an element the use, attempted use, or threatened use of physical force against a family or household member. The deportation ground applies to convictions and to CWOFs under 8 U.S.C. § 1101(a)(48)(A).

§ 1227(a)(2)(E)(ii): Violation of a protection order. A non-citizen who is convicted of violating a protection order, including a Massachusetts 209A abuse prevention order, issued for the protection of a family or household member from credible threats of violence, repeated harassment, or bodily injury is independently deportable under this ground. This ground is separate from the domestic violence conviction ground and applies independently.

Massachusetts Charges That Trigger § 1227(a)(2)(E)(i)

Assault and battery on a family or household member (M.G.L. c. 265, § 13M). A conviction or CWOF under Section 13M categorically qualifies as a crime of domestic violence under § 1227(a)(2)(E)(i). The statute requires intentional, unconsented touching of a family or household member, the use of physical force against such a person. A non-citizen who accepts a CWOF on a Section 13M charge is convicted of a crime of domestic violence for federal immigration purposes and is deportable.

Strangulation or suffocation (M.G.L. c. 265, § 15D). Strangulation requires the intentional application of substantial pressure on the neck or blocking of the nose or mouth of another person. When committed against a family or household member, it categorically qualifies as a crime of domestic violence. Section 15D is a felony carrying up to five years in state prison; a sentence of one year or more on a strangulation conviction against a family or household member may also constitute an aggravated felony crime of violence under 8 U.S.C. § 1101(a)(43)(F). See: Domestic Violence Sentencing Enhancements.

Assault and battery with a dangerous weapon (M.G.L. c. 265, § 15A) in a domestic context. ABDW is a felony. When committed against a family or household member with a sentence of one year or more imposed or suspended, it may constitute both a crime of domestic violence under § 1227(a)(2)(E)(i) and an aggravated felony crime of violence under § 1101(a)(43)(F). See: Crimes of Moral Turpitude and Aggravated Felonies in Massachusetts Cases.

Simple assault and battery (M.G.L. c. 265, § 13A) against a family or household member. Massachusetts assault and battery under Section 13A requires only an intentional, unconsented touching. Because the statute encompasses reckless conduct, a Section 13A conviction may not categorically qualify as a crime of violence under 18 U.S.C. § 16 after Borden v. United States (593 U.S. 420, 2021). Defense counsel must analyze the specific charge under the categorical approach. A reduction from Section 13M to Section 13A may eliminate the domestic violence deportation ground in some cases, though immigration counsel must confirm the analysis for the specific fact pattern.

Intimidation of a witness (M.G.L. c. 268, § 13B) in a domestic context. When charged alongside a domestic violence offense and involving conduct directed at a family or household member, witness intimidation may qualify as a crime of domestic violence depending on the specific facts and the jurisdictional analysis.

The 209A Violation as an Independent Deportation Ground

A conviction for violating a 209A abuse prevention order under M.G.L. c. 209A, § 7 is a separate and independent deportation ground under 8 U.S.C. § 1227(a)(2)(E)(ii). This ground applies when: a valid 209A order was issued for the protection of a family or household member from credible threats of violence, repeated harassment, or bodily injury; the defendant had knowledge of the order; and the defendant violated a provision of the order that involved protection against credible threats of violence, repeated harassment, or bodily injury.

The 209A violation deportation ground applies independently of whether the non-citizen is also convicted of the underlying domestic violence offense. A non-citizen who is acquitted of assault and battery on a family or household member but convicted of violating the associated 209A order is deportable under § 1227(a)(2)(E)(ii) based on the order violation alone.

Similarly, a 258E harassment prevention order violation may qualify under § 1227(a)(2)(E)(ii) if the order protects a person who qualifies as a family or household member and the violation involves protection against credible threats of violence, repeated harassment, or bodily injury.

The CWOF on a Domestic Violence Charge

A CWOF on any of the domestic violence charges listed above is a conviction for federal immigration purposes under 8 U.S.C. § 1101(a)(48)(A) and Matter of Punu (22 I&N Dec. 224, BIA 1998). A non-citizen who accepts a CWOF on a Section 13M, Section 15D, or Section 15A domestic violence charge is deportable under § 1227(a)(2)(E)(i), identical to a guilty plea or jury verdict. No exception applies based on Massachusetts’s classification of the CWOF as a non-conviction.

Additionally, a CWOF on a domestic violence charge triggers the federal Lautenberg Amendment firearms disability under 18 U.S.C. § 922(g)(9), permanently prohibiting possession of any firearm or ammunition. A non-citizen law enforcement officer or CDL holder who accepts a CWOF on a domestic violence charge faces immediate career consequences under federal law independent of the immigration analysis.

The Reduction from Section 13M to Section 13A

In some Massachusetts domestic violence cases, negotiating a reduction of the charge from assault and battery on a family or household member under M.G.L. c. 265, § 13M to simple assault and battery under M.G.L. c. 265, § 13A may eliminate the domestic violence deportation ground under § 1227(a)(2)(E)(i) if, under the categorical approach, the Section 13A offense does not categorically qualify as a crime of domestic violence after Borden. Whether the reduction successfully eliminates the immigration consequence depends on the specific fact pattern, the jurisdiction, and current First Circuit and BIA precedent. This analysis must be completed by immigration counsel before any reduced charge is accepted. See: How Massachusetts Domestic Violence Charges Are Prosecuted and Resolved in 2026.

Defense Strategy for Non-Citizen Domestic Violence Defendants

Clerk-magistrate hearing. For domestic violence charges arising from a summons rather than a warrantless arrest, relatively rare given that most domestic violence arrests are warrantless, the clerk-magistrate hearing is the highest-priority intervention. A complaint denial creates no record and no immigration consequence.

Pretrial probation. Pretrial probation under M.G.L. c. 276, § 87 is generally immigration-neutral and should be negotiated as an alternative to a CWOF in cases where a favorable resolution short of trial is achievable.

Trial. A not-guilty verdict eliminates all immigration consequences from the domestic violence charge. The marital privilege under M.G.L. c. 233, § 20 and the requirements for the excited utterance exception create pathways to trial-date dismissal in many Massachusetts domestic violence cases. See: How Massachusetts Domestic Violence Charges Are Prosecuted and Resolved in 2026.

Categorical approach analysis on any proposed plea. Before any plea, CWOF, or reduced charge is accepted, the categorical approach analysis must be completed to determine whether the specific Massachusetts offense of conviction categorically triggers the domestic violence deportation ground. This analysis requires coordination between criminal defense counsel and immigration counsel.

Post-conviction Padilla motion. If a non-citizen accepted a CWOF or guilty plea on a domestic violence charge without being advised of the immigration consequences, a motion to withdraw the plea under Mass. R. Crim. P. 30(b) and Padilla v. Kentucky (559 U.S. 356, 2010) may be available. See: Motions for a New Trial Under Padilla v. Kentucky.

Related Pages

• Assault and Battery on a Family or Household Member (M.G.L. c. 265, § 13M)
• Strangulation or Suffocation (M.G.L. c. 265, § 15D)
• Assault and Battery with a Dangerous Weapon (M.G.L. c. 265, § 15A)
• Simple Assault and Battery in Massachusetts Domestic Violence Cases
• Intimidation of a Witness (M.G.L. c. 268, § 13B)
• Massachusetts 209A Abuse Prevention Orders
• Violation of a 209A Abuse Prevention Order (M.G.L. c. 209A, § 7)
• Massachusetts 258E Harassment Prevention Orders
• Violation of a 258E Civil Harassment Prevention Order
• CWOF
• The CWOF and Immigration: Why a CWOF Is a Federal Conviction
• Domestic Violence Sentencing Enhancements
• Clerk-Magistrate Hearings in Massachusetts
• How Massachusetts Domestic Violence Charges Are Prosecuted and Resolved in 2026
• Motions for a New Trial Under Padilla v. Kentucky
• Crimes of Moral Turpitude and Aggravated Felonies in Massachusetts Cases
• OUI and Immigration in Massachusetts
• Immigration Consequences of Massachusetts Criminal Charges
• Boston Domestic Violence Defense Lawyer
• Criminal Defense for Licensed Professionals in Massachusetts
• Massachusetts CORI Sealing and Expungement
• Illegal Searches and Seizures in Massachusetts

Contact Serpa Law Office at 617.936.0201 for a confidential consultation about the immigration consequences of a Massachusetts domestic violence charge. Boston office: 20 Park Plaza #400A. Quincy office: 500 Victory Rd., Suite 400A. Available 24 hours a day.