SC Assault Conviction Is Deportable Offense, BIA Rules
A Filipino green card holder faced deportation after a South Carolina assault conviction — even though an immigration judge initially dismissed the case. The Board of Immigration Appeals reversed that decision in October 2026, ruling that second-degree assault and battery under South Carolina law is a crime involving moral turpitude, a finding that can trigger removal for any non-citizen convicted of the offense within five years of admission.
A South Carolina assault and battery conviction can get you deported — even if you acted recklessly rather than intentionally. The Board of Immigration Appeals (BIA) ruled on October 27, 2026, that a conviction under South Carolina Code section 16-3-600(D)(1) qualifies as a crime involving moral turpitude (CIMT), a legal category that can make a non-citizen removable from the United States.
What the BIA decided — and why it matters
The case involved a Filipino national who entered the US in 2020 as a child of a lawful permanent resident. He was convicted in February 2025 of assault and battery in the second degree in South Carolina. The Department of Homeland Security (DHS) charged him as removable under the Immigration and Nationality Act (INA) section 237(a)(2)(A)(i) — the rule that makes a non-citizen deportable if convicted of a CIMT within five years of admission and where a sentence of one year or more is possible. An immigration judge had originally dismissed the case, finding DHS had not proved the conviction was a CIMT. DHS appealed, and the BIA reversed that decision.
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The BIA applied what courts call the "categorical approach" — meaning it looked at what the South Carolina law requires on its face, not at what this particular person actually did. The court found that the statute requires either actual or attempted infliction of "moderate bodily injury" (defined in South Carolina law as injuries like fractures, dislocations, or injuries requiring anesthesia) or nonconsensual touching of private parts. The BIA concluded that both versions of the offense involve reprehensible conduct paired with a culpable mental state — including recklessness — which is enough to qualify as a CIMT. The case was sent back to the immigration judge for further proceedings.
This ruling sets a binding precedent for immigration courts. If you have a conviction under this South Carolina statute — or a similar assault law in another state — you may face removal proceedings, especially if the conviction happened within five years of your admission to the US. The same legal framework applies to green card holders, visa holders, and others with lawful status.
What to do
- If you have any assault or battery conviction — in South Carolina or elsewhere — consult an immigration lawyer before your next immigration court hearing, green card application, or travel outside the US.
- Ask your attorney to analyze whether your specific conviction qualifies as a CIMT under the categorical approach. The exact statute and the record of conviction matter.
- If you are already in removal proceedings, do not miss any immigration court dates. Failing to appear can result in an automatic removal order.
- If you are a green card holder with a criminal record, get a legal review before filing for naturalization — a CIMT conviction can affect your eligibility.
A full breakdown of this topic — in our guide “Appealing to the BIA”.
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This BIA decision is binding on all immigration courts and confirms that recklessness alone — without intent to harm — can be enough to make an assault conviction deportable as a crime involving moral turpitude. If your conviction falls under a statute that covers moderate bodily injury or nonconsensual touching, you should assume it may be treated as a CIMT until an attorney reviews your specific record of conviction. Anyone in removal proceedings based on a criminal conviction should consult an immigration attorney immediately — the categorical approach analysis is highly technical and the outcome depends on the exact statutory language and court documents.
Frequently Asked Questions
What is a crime involving moral turpitude (CIMT) in immigration law?
A CIMT is a legal category used in immigration law to describe conduct considered morally reprehensible — such as fraud, theft, or certain violent offenses. A conviction for a CIMT can make a non-citizen deportable, bar them from getting a green card, or prevent naturalization, depending on when the conviction happened and what sentence was possible.
Does this BIA ruling affect people outside South Carolina?
Directly, it applies to convictions under South Carolina Code section 16-3-600(D)(1). But the legal reasoning — that reckless conduct causing moderate bodily injury qualifies as a CIMT — can influence how immigration courts analyze similar assault statutes in other states. If you have an assault conviction anywhere, ask an attorney whether your state's law is comparable.
Can a green card holder be deported for a CIMT conviction?
Yes. Under INA section 237(a)(2)(A)(i), a lawful permanent resident (green card holder) can be placed in removal proceedings if convicted of a CIMT within five years of admission and the offense carries a possible sentence of one year or more. A second CIMT conviction at any time can also trigger deportation.
What is the 'categorical approach' the BIA used in this case?
The categorical approach means immigration courts look at what a criminal law requires on its face — not at what the person actually did. If the minimum conduct punishable under the statute qualifies as a CIMT, the conviction counts as one for immigration purposes, even if the person's actual behavior was less serious.