Deportable Crimes

Understanding Deportable Crimes and How Thompson Law Advocates, P.C. Can Assist in Your Defense

Navigating the complexities of U.S. immigration law can be daunting, especially when facing the threat of deportation due to criminal convictions. At Thompson Law Advocates, P.C., led by the experienced attorney Peter J. Thompson, we specialize in providing robust defense strategies for non-citizens confronting deportation proceedings. Our comprehensive understanding of both immigration and criminal law positions us uniquely to advocate effectively on your behalf.

What Constitutes a Deportable Crime?

Under the Immigration and Nationality Act (INA), certain criminal offenses can render a non-citizen deportable. It’s crucial to understand these categories to assess the potential immigration consequences of any criminal conviction:

1. Crimes Involving Moral Turpitude (CIMTs)

CIMTs refer to offenses that gravely violate societal moral standards. While the INA doesn’t explicitly define these crimes, courts have identified several offenses that qualify, including:

  • Arson
  • Assault with a deadly weapon
  • Burglary
  • Grand theft and grand theft auto
  • Kidnapping
  • Murder
  • Rape
  • Repeated felony convictions for driving under the influence (DUI)

A single CIMT conviction can lead to deportation if:

  • The offense is committed within five years of admission to the U.S., and
  • The crime carries a potential sentence of one year or longer.

Alternatively, two or more CIMT convictions not arising from a single scheme can also result in deportation.

2. Aggravated Felonies

The INA designates certain offenses as aggravated felonies, which carry severe immigration consequences. Notable examples include:

  • Murder
  • Rape
  • Drug or firearms trafficking
  • Sexual abuse of a minor
  • Fraud or tax evasion involving more than $10,000
  • Theft or violent crimes with a sentence of at least one year

A conviction of an aggravated felony not only leads to mandatory deportation but also bars relief such as asylum or cancellation of removal.

3. Controlled Substance Violations

Convictions related to controlled substances, including possession, distribution, or trafficking, are deportable offenses. An exception exists for a single offense of possession of 30 grams or less of marijuana for personal use.

4. Firearm Offenses

Unlawful possession, use, or distribution of firearms can make a non-citizen deportable. This includes crimes such as illegal sale, possession of prohibited firearms, and firearm-related violent crimes.

5. Domestic Violence Crimes

Convictions for domestic violence, stalking, child abuse, child neglect, or violation of protection orders are grounds for deportation. Courts take these offenses seriously, and they can swiftly lead to removal proceedings.

Case Law Illustrating Deportable Offenses

Understanding how courts interpret and apply laws regarding deportable offenses is vital. Here are some illustrative cases:

  • People v. Castro (1985): Addressed whether certain theft offenses constitute crimes of moral turpitude, impacting deportation decisions.
  • People v. Rodriguez (1986): Examined assault with a deadly weapon as a crime involving moral turpitude, influencing immigration consequences for non-citizens.
  • People v. Gabriel (2012): Considered the implications of repeated DUI offenses on moral turpitude determinations and subsequent deportation risks.

Additional Deportable Crimes and Their Consequences

Non-citizens convicted of human trafficking, solicitation, or promoting prostitution may face deportation. Courts have ruled that these offenses fall under aggravated felonies or crimes involving moral turpitude, depending on the specific charges.

7. Fraud and Identity Theft

Any conviction involving fraud, misrepresentation, or identity theft can lead to deportation, particularly if the financial impact exceeds $10,000. Crimes such as credit card fraud, welfare fraud, and employment-related fraud (e.g., falsifying work permits) are common grounds for removal.

A conviction for any crime associated with gang activity can make an individual deportable. The Department of Homeland Security (DHS) actively tracks gang affiliations, and even suspected involvement can lead to removal proceedings.

9. Illegal Voting

Non-citizens who register to vote or cast ballots in U.S. elections may be deported, as these actions are considered violations of both state and federal law.

10. Smuggling of Aliens

Assisting, transporting, or harboring undocumented immigrants can be classified as a deportable crime. Even minor involvement in helping family members cross the border unlawfully can lead to severe immigration consequences.

How Thompson Law Advocates, P.C. Can Assist

At Thompson Law Advocates, P.C., we offer a comprehensive approach to deportation defense:

1. Experienced in “Crimmigration”

Our firm has decades of experience in the intersection of criminal and immigration law, ensuring that clients receive informed advice on how criminal charges may impact their immigration status. We provide critical counsel to both clients and fellow attorneys on these complex issues.

2. Personalized Defense Strategies

Recognizing that each case is unique, we develop tailored defense strategies that consider the specifics of the alleged offense and the individual’s immigration background.

3. Advocacy for Relief Options

We explore all avenues for relief, including:

  • Waivers
  • Asylum
  • Cancellation of Removal
  • Post-conviction relief to modify criminal records

4. Representation in Immigration Proceedings

Our attorney represents clients throughout all stages of immigration proceedings, from bond hearings to appeals, ensuring robust advocacy at every step.

Defenses Against Deportation

If you or a loved one is facing deportation, it’s important to understand the legal defenses available:

  • Lack of Conviction: Not all arrests lead to convictions. If a charge is dismissed, it may not impact immigration status.
  • Post-Conviction Relief: Modifying or vacating a criminal conviction can sometimes eliminate the immigration consequences.
  • Asylum or Withholding of Removal: If deportation would result in persecution in your home country, relief may be available.
  • Relief under the Convention Against Torture (CAT): Non-citizens facing the risk of torture if returned to their home country may qualify for CAT protection.
  • Family-Based Relief: In some cases, U.S. citizen family members may be able to petition for relief.

Contact Us Today

Facing deportation due to criminal convictions is a serious and complex challenge. Thompson Law Advocates, P.C., under the leadership of Peter J. Thompson, is committed to providing skilled and compassionate representation to navigate these difficulties. Our deep understanding of both criminal and immigration law ensures that we can effectively advocate for your rights and work towards securing your future in the United States.

Schedule a consultation with Thompson Law Advocates, P.C. today and let us fight for your right to stay in the United States. Call us now at (215) 525-9155 or fill out our online contact form to get started.

Client Reviews

The legal representation provided by Peter was honestly exceptional and tailored precisely for my complex situation. My immigration hurdles began in 2010 and did not conclude until 2021. During that lengthy period I had retained the services of about four other attorneys. The service...

Anonymous Client, 2021

I was looking for an attorney to represent me during my citizenship interview. Peter was so friendly and understanding, patient and made me feel comfortable and confident that my case would be okay. He listened to my situation and offered his advice before asking if I wanted him to represent me...

Anonymous Client, 2021

Finding the right legal representation is hard. Peter and his team are amazing. Peter is so down to earth and is so honest. We always felt comfortable asking any questions. His response time is second to none. Knowing that all of the paperwork was being filled out correctly the first time is worth...

Anonymous Client, 2021

A good lawyer is important, a great lawyer is priceless! I met with Peter in 2018, and knew he was the right lawyer for my complicated case. He showed me that he knows immigration law very well, and we built a plan for success. He made sure that I understood what was happening with my case and met...

Anonymous Client, 2022

My dream came true! I came to Lawyer Peter Thompson and his Philadelphia team with a prior deportation order after facing threats of torture in my home country. He was recommended to me. From the very start, Peter was in my corner – very responsive, intelligent, driven, and genuine. He did not just...

Anonymous Client, 2022

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