5. Stalking as Ground of Deportation
A conviction of stalking under RCW 9A.46.110 will almost certainly trigger deportation under the stalking ground of deportation at 8 USC §
1227(a)(2)(E)(i) regardless of the sentence imposed. The statute does not require a specific sentence to be imposed or that the offense constitutes a COV at 18 USC § 16. At present, there is no published case law on what definition of stalking will be used in immigration proceedings to define this offense. However, note that the Board of Immigration Appeals has held that California’s stalking statute, which prohibits similar conduct as the Washington statute, was found to be a crime of violence aggravated felony under 8 USC § 1101(a)(43)(F) where a sentence of one year or more is imposed (regardless of time suspended).222 Stalking is not a specific ground of inadmissibility, only deportability. However, stalking will also constitute a crime involving moral turpitude, which is a ground of inadmissibility. See Chapter Five on Crimes Involving Moral Turpitude.
222 Matter of Malta, 23 I. & N. Dec. 656 (2004).