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Abstract: 

Our case summaries this issue review important decisions from the federal circuit courts of appeals. The Sixth Circuit Court ruled that domestic assault was not categorically a “Crime of Violence” for the purposes of an immigration proceeding to expel a Salvadoran who had been convicted of misdemeanor domestic assault under Tennessee law; the issue in Sanchez-Perez v. Garland is the conflict between the language of state law and the federal law on what constitutes a crime of domestic violence reflects a broader conflict around whether domestic assault is or should be limited to physical force. In a Ninth Circuit decision, Martinez v. High, a police officer who disclosed domestic violence report to abuser violated victim’s rights, but faces no liability as right was not “clearly established” at time of violation. Also from the Ninth Circuit, no “homestead exemption” was permitted in bankruptcy court for woman who moved away from emotionally abusive partner, in In re: McKee. Had McKee been allowed to claim the homestead exemption, her financial interest in the home would have been protected from creditors during bankruptcy proceedings. In a Tenth Circuit ruling, U.S. v. Thompson, the court affirmed the imposition of sentence above recommended guidelines for a domestic violence perpetrator who violated terms of supervised release and posed danger to public. The Tenth Circuit also affirmed another upward sentencing variance in U.S. v. Thompson, a case in which the defendant not only strangled his partner on two separate occasions, but also strangled another woman.

Keywords: Defining “Crimes of Violence,” Disclosure of Confidential DV Report against Officer, “Homestead” Bankruptcy Exemption Denied Survivor, Upward Variance in Sentence for Strangulation

Affiliations:  1: Contributing Editor; 2: Associate Editor.