Criminal Defense and Immigration

The federal government has a lot of freedom to deport an immigrant associated with a crime, even if he/she has not been convicted in court. It is therefore vital to win your case if you want to stay in the United States or have the freedom to return if you ever leave. Even permanent residents or green card holders are subject to the same federal immigration regulations regarding deportation and inadmissibility.

There are certain types of crimes that excludes non-citizens or immigrants from admissibility in the United States. There is another list of crimes that makes a non-citizen deportable. Generally speaking, “deportable” crimes are more serious in nature, but do include some crimes also listed for inadmissibility status. Federal deportation is a grave matter that can carry with it devastating life consequences to the person being deported and their loved ones. Deportation is a lasting nightmare and it can happen to any immigrant.

The major categories of California “deportable crimes” are:

• Crimes of moral turpitude
• Aggravated felonies
• Almost any drug related offense
• Any sort of firearms offense
• Domestic violence crimes

Crimes of moral turpitude are crimes that harm another person or the social good. Examples include arson, assault with a deadly weapon, burglary, forgery, rape and murder. In most cases, just once conviction of a crime of moral turpitude will not automatically bring about deportation. For this to happen, it normally requires two convictions or one crime of moral turpitude that carries an imprisonment of more than one year and occurs within five years of your arrival in the United States.

Aggravated felonies are particularly serious as, if convicted, you may be deported from the U.S. without a formal hearing in front of an immigration judge. This can make it very difficult for a non-citizen to be eligible for asylum, appeal, or other relief. Aggravated felonies are generally serious crimes that include murder, rape, child molestation, and thefts that resulted in more than one year of custody.

If you are an immigrant, permanent resident or undocumented immigrant and you are accused of a crime, you must contact a lawyer. You could be deported even if you plead to a misdemeanor and have served no jail time. Congress never subtracts from their list of aggravated felonies for immigration; it only adds to it.

Examples of Defenses Against Deportation

​There are many avenues to fight deportation even after conviction. If you are facing deportation proceedings, Walk Tree Law can help you to withdraw your plea or vacate the conviction. Together, we can achieve post-conviction relief that negates the conviction so that you will not be deported.

It is also often possible to fight deportation during removal proceedings. So don’t give up hope. Call me today so that we can get the best possible outcome. Prisoner Immigration Hold An individual that is an alien and has committed a deportable offense, faces deportation proceedings and continued incarceration after being released from the custody of the California Department of Corrections and Rehabilitation.In certain situations, aliens must be released into the custody of Immigration Customs and Enforcement (ICE).

ICE is responsible for investigating to see whether the alien should be deported pursuant to the law. If an immigration detainer is issued, a court hearing is scheduled typically within several weeks.

A qualified lawyer may be able to help you avoid deportation consequences and post an immigration bond in certain cases. Don’t wait until its too late. Call Alana Segal for a free consultation today. Early intervention by a qualified defense attorney can help you avoid many negative consequences related to immigration deportation proceedings. Many immigration penalties can be avoided by an experienced criminal defense attorney that pays careful attention to sentencing issues.

If you are a non-citizen, do not enter into a plea agreement without consulting the advice of a professional and experienced attorney. The consequences of entering a guilty plea for certain offenses (depending on the type of charge and the length and type of sentence) may have automatic deportation consequences. 8 U.S.C. section 1227(a)(2)(B)(i).

For example, a crime of “moral turpitude” (committed within five years of the date of admission into the US or ten years for a permanent resident alien ) for which a sentence of one year or more may be imposed is deportable. Crimes of “moral turpitude” can include offenses such as theft, burglary, crimes of violence and false documents. An alien who is convicted of a crime considered to be an “Aggravated Felony” as defined by 8 U.S.C. section 1101 (a) (43) can be deported at any time. Obtaining a sentence imposed that is less than one year can prevent many offenses from being classified as “Aggravated Felonies”.

If you need qualified and knowledgeable advise, call for your free consultation today!!! Our attorneys speak a variety of foreign languages and work closely with immigration attorneys to figure out what immediate relief is available and what plea consequences can have on a person’s immigration status in this country.