Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.
Immigration law is complex and ever-changing. The ability to screen and counsel your non-citizen clients about potential immigration consequences is paramount in providing them with quality legal representation. If your non-citizen client has been arrested or is facing any criminal charge, or if your practice area falls outside of immigration law (i.e. family law, personal injury, corporate law) and they have collateral immigration questions or concerns, an experienced criminal defense attorney and former ICE trial attorney from our firm can assist.
Immigration penalties vary, depending on whether the client is a legal permanent resident, visa holder, or is not a legal resident but holds a work permit. In many instances non-citizens do not need to be convicted of a crime to face deportation, but instead can be deported as a collateral consequence of a criminal arrest alone. Any non-citizen caught up in the Texas criminal court system will need unique legal guidance from a Conroe immigration consulting lawyer.
The Immigration and Nationality Act § 237 (8 USC § 1227) specifies that lawfully admitted non-citizens can be deported if convicted of certain crimes. Additionally, those seeking admission into the U.S. as legal permanent residents returning from abroad or by adjusting their status or applying for a Green Card can be denied admission if they have been convicted of certain types of offenses.
A conviction for an aggravated felony occurs if the elements of a crime charged in Texas are a categorical match of the federal crime under 8 USC 1101(a) 43. These include but are not limited to:
Although the definition of moral turpitude in federal law is nebulous, the Board of Immigration Appeals (BIA) has held that crimes involving moral turpitude encompasses conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one’s fellow man or society in general. Various federal circuit jurisdictions have generally held crime involving moral turpitude to include:
For lawful permanent residents (LPR), drug convictions for controlled substances under federal law may result in deportation – except for a single conviction for possession of fewer than 30 grams of marijuana, which is not a deportable offense under 8 USC § 1227(a)(2)(B)(i). Note, however, that there is no such exception for noncitizens charged as being inadmissible under 8 USC § 1182(a)(2)(A)(i)(II).
Defense attorneys whose clients face criminal charges that will exacerbate immigration issues should contact a well-practiced Conroe immigration lawyer, with experience as a former felony prosecutor and former ICE trial attorney to consult on a dual line of defense. Actions to take include:
Once a defense attorney’s non-citizen client is arrested, generally, they are subject to an ICE hold that precludes them from being released from ICE custody even if a Texas criminal bond has been set or they have served a sentence for a Texas criminal case. They may also be subject to mandatory detention precluding their release.
A proactive Conroe immigration consulting attorney such as Raphael Ortega could advocate for a non-citizen by seeking a bond with ICE or from an immigration judge in a bond hearing. Depending on the criminal charges, he could determine what relief may be available to a non-citizen, including those under mandatory detention. Pre-trial diversion programs are a possibility, particularly if no guilty plea has been entered. Consult with a skilled immigration lawyer to coordinate a non-citizen client’s criminal and immigration defenses.
When non-citizens are arrested for committing aggravated felonies, drug crimes, or crimes considered morally unacceptable, the Texas Criminal Code and federal immigration laws must be considered to preserve the accused person’s alien status—whether it was gained through DACA, the issuance of a student or work visa, or if the person is applying for citizenship.
Non-citizens risk deportation or inadmissibility if convicted of a crime in Texas. Raphael Ortega can work with other defense attorneys to strategically facilitate the best immigration outcomes, as well as directly with non-citizens to handle the immigration and criminal court aspects of their situation. Contact us today to learn how a Conroe immigration consulting lawyer could be of service in your specific case.
Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.