Federal Immigration Crimes
Criminal convictions come with serious penalties, and no one is at greater risk of suffering extensive penalties than non-citizens who reside in the United States. That’s because convictions for serious crimes can lead to federal deportation proceedings, even for permanent residents, those with visas, asylees, and refugees. Thus, a vigorous criminal defense is essential in order to have a chance at maintaining the life you know.
Who are We Talking About?
Individuals classified as aliens who are deportable for criminal offenses include several categories of individuals, including:
- Those who are living here on expired visas;
- Those who entered the country illegally;
- Those with current visas, asylum status, refugee status, or green cards.
What Offenses Commonly Lead to Deportation
Federal removal proceedings are serious business and can occur in tandem with detention in a federal ICE detention facility for a period of time. ICE will review the record of any undocumented individuals to determine whether the charges include either aggravated felonies or crimes of moral turpitude, both of which qualify as grounds for removal. Some of the most common aggravated felony convictions that could lead to deportation include:
- Offenses such as sexual abuse, rape, and murder of a minor;
- Trafficking of controlled substances;
- Marijuana offenses–even if state law permits use;
- Firearms offenses;
- Trafficking of destructive devices or firearms;
- Money laundering;
- Domestic violence, including child neglect or abandonment;
- Burglary, theft, and receipt of stolen property;
- Kidnapping and demanding a ransom;
- Child pornography offenses;
- Gambling and racketeering offenses;
- Offenses related to prostitution and/or human trafficking;
- Fraud that results in victim losses of $10,000 or more;
- Counterfeiting a passport;
- Perjury, bribery of a witness, or other charges related to obstruction of justice.
Crimes Involving Moral Turpitude
While crimes involving moral turpitude are not clearly defined, they generally include a combination of reprehensible behavior and reckless conduct. In other words, there must be clear evidence of deliberation or intent to commit the crime, which often revolves around fraud of some kind. The government will have the burden of proving that the defendant acted with calculation in order to get a conviction, so rebutting these charges is imperative.
Other Things Worth Knowing
When it comes to immigration, the definition of “conviction” extends beyond a verdict handed down by a jury. Guilty pleas and no contest (nolo contendere) pleas are also considered convictions, meaning non-citizens must be very careful as they weigh their options in these criminal matters.
Fighting for You
The dedicated Las Vegas criminal defense attorneys at Lobo Law always fight to protect the rights of our clients and to provide a strong defense in order to achieve the best possible outcomes. To discuss, schedule a confidential consultation in our Las Vegas office today.
Source:
uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227&num=0&edition=prelim
