My friend has a domestic battery conviction of PC 242 in California.
BIA and 9th circuit have given decisions that the conviction is neither
CIMT nor categorically a COV. Would CIS still place him
in removal proceedings knowing well that IJ could terminate proceedings
based on the decisions?
Our questions are as follow:
1. Can INS deport Ed based on the dismissed conviction of 242/243(e)(1)?
Yes, he can.
Not true. A dismissed conviction is not a conviction for immigration purposes.
An expunged conviction is.
2. If not, can we just file a motion to terminate the removal proceeding...