IMMIGRATION COURT

DEPORTATION

The Immigration and Nationality Act, at section 237, provides various grounds that may subject an alien to removal from the United States . These grounds include inadmissibility at the time of entry; presence in the United States in violation of law; violation of the terms of admission or status; criminal activity; and false claims of United States citizenship. Most aliens are entitled to a hearing before an Immigration Judge (IJ) before the immigration authorities may remove them from the United States . Often, there may be a basis for seeking relief from removal before the IJ, even where it appears that the alien is subject to removal. Any alien who believes he or she may be subject to removal from the United States or who has been placed in removal proceedings should consult with an immigration attorney immediately.

CRIMINAL GROUNDS OF DEPORTATION

Criminal convictions that may lead to removal from the United States are listed in section 237(a)(2) of the Immigration and Nationality Act. Relevant convictions include (but are not limited to):

(i) Conviction for a single ‘crime involving moral turpitude’ within five years of entry, for which a sentence of one year or longer may be imposed.

(ii) Conviction of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, at any time after admission

(iii) Conviction of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance, other than a single offense involving possession for one's own use of thirty grams or less of marijuana.

(iv) Conviction under any law regarding purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device.

(v) Conviction of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment.

(v) Conviction of an ‘aggravated felony’ at any time after admission.

Criminal aliens are subject to detention while their cases are pending, often without possibility of bond . In the event an alien faces criminal charges, it is always advisable to consult with an immigration attorney in addition to any criminal attorney, to ascertain the possible consequences of conviction.

We offer a full range of services to help you with matters relating to immigration court. Please call to speak with one of our attorneys about the possibility of obtaining our representation to help you with your immigration court matter.