The aftermath of the Thanksgiving brawl between Gabriel Aubry and Olivier Martinez is filled with potential legal issues and pop-culture fodder. Last week, the two men came to blows during a custodial exchange at Halle Berry’s home. (Aubry is the father of Berry’s child and Martinez is her current boyfriend).
The rift between Martinez and Aubry has been brewing for a while, especially after Berry’s motion requesting permission to move to France with the child (and live with her new beau) was denied. According to a petition filed by Aubry (requesting a restraining order), Martinez allegedly said that Aubry cost them $3 million, and that they (Martinez and Berry) wanted to move on.
After the fight, Aubry was arrested and charged with misdemeanor battery. An emergency restraining order was issued that ordered him to stay at least 100 yards from Martinez, Berry as well as Aubry’s daughter.
Reports abound regarding whether Berry will seek to have Aubry deported to his native Canada. Aubry is currently in the United States in a work visa. When someone is arrested on domestic abuse, assault or battery charges, law enforcement contacts the Immigration and Naturalization Service (INS). Under federal law, a person need not be convicted of a crime in order to have his or her visa terminated.
The criminal charges in this matter underscore the importance of having an attorney well-versed in immigration law if you are arrested while on a visa. The criminal charges may have little (if any) effect on your freedom, but they may affect your ability to remain in the U.S.
Source: Examiner.com, Berry-ex Gabriel Aubry faces possible deportation after Thanksgiving Day brawl, November 26, 2012