PC 166(c)

PC 166(c)

Offense

Violation of various protective or stay-away orders

Aggravated Felony (AF)

Not an AF: Not a COV, plus maximum sentence is 364 days.

Crime Involving Moral Turpitude (CIMT)

While there are no cases, it does not appear to be a CIMT as it can be committed by a small or technical violation

Other Removal Grounds

Not a good plea to avoid deportability, because a civil or criminal court finding of any violation of a DV stay-away order will make the person deportable. See discussion at 166(a), above.

PC 166(c) is risky for this deportation ground, but see Advice.

Advice and Comments

DV deportation ground. To avoid this ground, consider a plea to 166(a), or to a new offense (if possible, not against the subject of the protective order) with no finding of violation of an order, as discussed at 166(a), above.

If it is not possible to avoid a plea to 166(c), try to create a plea that identifies a specific victim who does not have a domestic relationship with D. Otherwise, know that ICE can use any relevant and probative evidence, including from outside the record of conviction, to prove that the order that the judge found was violated was actually a DV stay-away order. Section 166(c)(1)(A) prohibits violating an order by committing 136.2, which can include DV or non-DV victims. Section 166(c)(1)(C) prohibits violating an order by committing elder abuse, PC 368, which can involve an elder with no domestic relationship.

2020-10-22T18:50:40+00:00Updated January 29th, 2020|