Dalip Singh v. John Ashcroft, Attorney General

Dalip Singh petitions for review of a decision of the Board of Immigration Appeals (BIA), affirming without opinion the order of the immigration judge (IJ). The IJ ordered Singh removed to India pursuant to 8 U.S.C. § 1227 (a)(2)(E)® on the ground that Singh committed a “crime of domestic violence” when he committed the Oregon crime of harassment, Or.Rev.Stat. § 166.065(l)(a)(A), against his spouse. We must decide whether Oregon’s harassment law, which outlaws intentionally harassing or annoying another person by subjecting that person to offensive physical contact, is a “crime of violence” as defined by 18 U.S.C. § 16 (a). We have jurisdiction under 8 U.S.C. § 1252 (a)(1). We grant Singh’s petition and vacate the IJ’s order of removal.

I

Singh, a native and citizen of India, entered the United States in 1990. In May of 1993, Singh was granted lawful permanent resident status based on his marriage to United States citizen Linda Olson. In June of 1998, Singh pleaded guilty to the Oregon state law crime of harassment, a class B misdemeanor. Or.Rev.Stat. § 166.065. As a result of that conviction, in February of 1999, the Immigration and Naturalization Service (INS) issued to Singh…