No actual court conviction is needed to be deportable under this section. Aggravated Felonies: This includes crimes such as murder, drug trafficking, money laundering (involving over $10,000), firearm or explosive trafficking, crimes of violence or theft with a sentence of at least 1 year, rape or sexual abuse of a minor, fraud or tax evasion worth $10,000 or more, obstruction of justice, among others. Unfortunately, many non-citizens are deported because they are not made aware of this fact, and plead guilty or no contest to the charges against them. The UK Borders Act 2007 (s32) allows for the automatic deportation of ‘foreign criminals’. The criminal codes of the United States have separate provisions that deal exclusively with non-citizens. One exception is if the INS believes that you are a drug abuser because of a long record of drug arrests, or a prostitute because of prostitution arrests. The person’s own confession to drug use, or evidence on a medical report, could be enough. It is clear that the first step in defending deportation due to a criminal conviction is to ensure that your criminal case is handled in a manner that does not even place you at risk of deportation. The “reason to believe” could be based on non-criminal juvenile proceedings. Immigration officials may deport you or downgrade your status on the basis of a felony or even a non-felony conviction, depending on your current status, the type of offense, and the specific facts surrounding your case. With so much at stake, there is no time to waste when it comes to defending against removal. Due to these sentences, the United States government attempted to deport Dimaya in 2010, asserting that these convictions were “aggravated felonies” under the Immigration and Nationality Act (INA). It can be tempting to try to hide a conviction from the immigration authorities, particularly when applying for benefits. B. I am being charged with a new criminal offense now. 115 S Main Street However, if you filed a habeas corpus petition, or a motion to vacate your criminal conviction, the conviction is final and the government can deport you while you are waiting for the decision on that case. After being deported due to a criminal conviction, a person must wait 5 or 10 years, depending on the case, before being eligible to legally return to the U.S. After a second deportation, however, the wait is increased to 20 years. A criminal conviction can have severe consequences for anyone residing in California. Get in touch for expert advice to locate noncitizens with criminal convictions. A Jamaican convicted criminal who successfully fought his deportation after being released from prison has been charged with murder. Most of the opinion, in this case, had held that a part of the INA used to deport immigrant criminals was unconstitutionally “vague.” So, a foreign national or permanent resident can be deported if he/she is found guilty of a criminal offence and is sentenced to six months or more in prison. Deportation can also occur for being addicted to or abusing drugs even if you don’t have a conviction. A deportation charter flight from the UK to Jamaica, which was due to take off on December 2, did in fact leave the ground, despite a strong campaign fought by the detention support group Detention Action, Opposition MPs and at least 91 Black public figures and campaigners. There may be other ways to vacate a conviction if you pled guilty and did not understand your rights. 8 U.S.C. There are two ways that committing a crime of moral turpitude could put you into removal (deportation) proceedings: 1) You commit a crime of moral turpitude during the first five years after your admission to the United States. Today, many people face deportation because of an old criminal conviction or a recent arrest by the police. • Conviction of a “crime of child abuse, child neglect, or child abandonment,” § 237(a)(2)(E)(i); or • Judicial finding in civil or criminal proceedings of a violation of certain portions of a domestic violence protective order , § 237(a)(2)(E)(ii). § 1227(a). So, it is important to get the conviction vacated or dismissed, or lower the sentence as soon as possible. See pages 15-21. Greer, SC 29650. In Massachusetts, send a request along with a check or money order made payable to the Commonwealth of Massachusetts in the amount of $25.00 to Criminal History Systems Board, 200 Arlington Street, Suite 2200, Chelsea, MA 02150, ATTN: CORI Unit. (For people who already have green cards, being arrested often leads directly to being placed in removal proceedings.)