IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, No. 79932-1-I Respondent, DIVISION ONE v. UNPUBLISHED OPINION HECTOR PABLO RIVERA-DIAZ, Appellant. CHUN, J. — Hector Rivera-Diaz appeals his convictions for domestic violence rape in the second degree, domestic violence assault in the second degree, and domestic violence felony violation of a court order. The trial court excluded evidence of the alleged victim’s immigration status and her knowledge of a federal program that provides temporary legal resident status to victims of qualifying crimes who assist in prosecution. Rivera-Diaz contends that this violated his constitutional right to present a defense. Because Rivera-Diaz’s offer of proof did not suffice under ER 413 for the trial court to rule on its admissibility, we affirm. I. BACKGROUND The State charged Rivera-Diaz with domestic violence rape in the second degree, domestic violence assault in the second degree, and domestic violence felony violation of a court order. Before trial, Rivera-Diaz moved to admit evidence of alleged victim A.G.’s immigration status as an undocumented No. 79932-1-I/2 immigrant and her knowledge of the “U visa” program. A U visa grants temporary legal resident status to a person who is the victim of a qualifying crime and helps law enforcement investigate or prosecute that crime. 8 U.S.C. §1101(a)(15)(U)(i)(I), (III). Rivera-Diaz moved to admit this evidence under ER 413, which limits the use of evidence of immigration status. He submitted his offer of proof through counsel, who declared as follows: During a defense interview of [A.G.], she stated that she is not a United States citizen and is undocumented. Defense counsel has reason to believe that based on communications with Mr. Rivera- Diaz, [A.G.] has made statements to the effect of having him arrested so that she could get “papers,” meaning documentation to allow her to become a United States citizen or lawful status in the United States. The charges alleged in this matter constitute criminal activity that would qualify [A.G.] for a U Visa. She alleges that she is a victim and that the facts that constitute physical or mental abuse. At the pretrial hearing, defense counsel also said: I have information that [A.G.] has made statements about having my client put into jail so that she could get papers, or preferring a man who had papers and things of this nature. I don't know that that comes out independent of any other witness than my client, and so I don't want to get into too many of the details as to what he would potentially testify to. The State submitted a transcript of a defense interview with A.G. In that interview, there was no mention of immigration status or the U visa program. A.G. mentioned there was a lawyer at the school who told her he could help her if she needed help. She said that she spoke to the lawyer but said nothing about 2 No. 79932-1-I/3 talking to him about her immigration status or the U visa program. Indeed, as defense counsel noted: ...
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