Conviction Consequences Deportation

DEPORTATION

MANDATORY REMOVAL FROM THE UNITED STATES

A non-citizen convicted of an aggravated felony (barring narrow exceptions) is subject to mandatory removal proceedings by the Department of Homeland Security.

A person convicted for an aggravated felony is:

• Ineligible for most forms of relief for voluntary departure (a conviction prior to 4/24/96 allows relief from deportation)
• Subject to mandatory detention during removal proceedings
• Permanently barred from re-entry (a person who re-enters is subject to a federal prison sentence of up to 20 years)
• Barred from naturalizing (if committed on or after November 29, 1990).

Prominent Aggravated felonies

• Murder, rape or sexual abuse of a minor
• Trafficking in controlled substances (marijuana is a controlled substance)
• Failure to appear in court for certain felonies.

An aggravated felony is defined by a sentence of one year or more

• Burglary
• Crime of Violence
• Theft - Counterfitting/forgery
• Commercial bribery
• Obstruction of justice
• Trafficking in Vehicle Id numbers
• Receipt of stolen property
• Document fraud - Perjury/bribery of a witness/subornation of perjury

Aggravated felonies defined by loss ot more than $10,000

• Crimes involving fraud or deceit
• Money laundering
• Tax evasion

DISCRETIONARY REMOVAL FROM THE UNITED STATES

Crimes of moral turpitude

Moral turpitude is “conduct which is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general.”

Moral turpitude encompasses many areas and includes:

• Where intent to steal or defraud is an element
• Bodily harm is caused or threatened by an intentional or willful act,
• Where serious bodily harm is caused or threatened by a reckless act
• Most sex offenses

Removal for a crime of moral turpitude occurs under the following circumstances:

a) One crime involving moral turpitude- if committed within five years of the date of the admission of the crime and if for a crime “for which a sentence of one year or longer may be imposed” ( includes A misdemeanors); or
b) Two or more crimes involving moral turpitude, committed anytime after admission and regardless of the sentence, unless “arising out of a single scheme of criminal misconduct.”

Controlled substances

A conviction of any law or regulation relating to a controlled substance, except “a single offense involving possession for one’s own use of thirty grams or less of marijuana.

Drug abusers and addicts

Any alien who is, or has been anytime after admission an addict or abuser

Firearm offenses

Convicted under any law of “purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying” (or attempting or conspiring to do so) “any weapon, part, or accessory which is a firearm or destructive device.”

Crime of domestic violence
Crime of violence committed against a spouse or similarly situated person Crime of stalking
Crime of child abuse, child neglect or child abandonment
Violators of protection orders
Falsification of documents

A violation of (or attempt or conspiracy to violate) 18 § USC 1546 (relating to fraud and misuse of visa, permits and other entry documents).

Document fraud

Any alien who is subject to a final immigration order imposing penalties for forging, counterfeiting, altering etc. and immigration document or for using, possessing or attempting to use or possess such a document.

Bruce Richardson