Bianco v. Holder

Bianco (plaintiff), a lawful permanent resident, was convicted under a Pennsylvania assault statute that did not itself require any domestic relationship between assailant and victim, though the victim was in fact her husband. In removal proceedings, the immigration judge looked beyond the statute and the limited conviction record to outside evidence establishing the marital relationship, then found Bianco removable for a crime of domestic violence; the Board of Immigration Appeals affirmed. Bianco petitioned for review, arguing the judge exceeded his authority by looking beyond the statute and record of conviction to establish the relationship.

Whether, in determining the domestic relationship between an assailant and victim for purposes of a deportable crime of domestic violence, a court may use a circumstance-specific approach and examine evidence beyond that permitted under the standard categorical or modified categorical inquiry.