Criminal Defense: Criminal deportation
What is Criminal Deportation?
Criminal deportation is the process of removing an individual from the United States due to a criminal conviction. This is different from regular deportation, which is typically initiated for immigration violations such as overstaying a visa or entering the country illegally. Criminal deportation is often triggered by a felony conviction, but it can also result from certain misdemeanors.
In the United States, criminal deportation is governed by federal law, specifically the Immigration and Nationality Act (INA). The INA allows for the removal of non-citizens who have committed certain crimes, even if they have legal permanent resident status (LPR) or are in the process of applying for citizenship.
Consequences of Criminal Deportation
The consequences of criminal deportation can be severe and long-lasting. Some of the immediate effects include:
Loss of employment and financial stability:
Deportation can lead to job loss, as many employers require employees to be authorized to work in the United States. This can make it difficult to support yourself and your family.
Difficulty re-entering the United States:
If you’re deported, it may be challenging to re-enter the country in the future. You may face lengthy waiting periods before being allowed to reapply for admission or may be denied entry altogether.
The long-term consequences of criminal deportation can be just as significant:
Difficulty re-establishing residency in the United States:
Even if you’re allowed to re-enter the country, you may face significant challenges re-establishing your life in the United States. You may need to restart your career, rebuild your social connections, and navigate complex immigration laws.
Potential impact on future immigration petitions:
A criminal conviction can affect your ability to pursue future immigration benefits, such as applying for citizenship or lawful permanent residence.
Risk of being denied re-entry to the United States:
If you’re deported and attempt to re-enter the country in the future, you may be denied admission due to your previous deportation.
Defenses Against Criminal Deportation
While criminal deportation can be a serious consequence of a criminal conviction, there are defenses available to non-citizens. Some common defenses include:
Collateral estoppel:
If you’ve been acquitted or convicted of a similar crime in another jurisdiction, you may be able to argue that the government cannot try you again for the same crime.
Double jeopardy:
If you’ve already been prosecuted and convicted for a crime in another jurisdiction, you may be protected from further prosecution under double jeopardy principles.
Jurisdictional issues:
If there’s a question about whether the court has jurisdiction over your case or whether you were properly served with notice of the charges, these issues can provide grounds for challenging criminal deportation.
Legal permanent resident status (LPR) defenses:
As an LPR, you may have certain rights and protections under U.S. law that can impact your eligibility for deportation.
To build a strong defense against criminal deportation, it’s essential to gather evidence and testimony that supports your case. This may include:
Expert witnesses:
Psychologists, medical professionals, or other experts can provide valuable testimony about your mental health, medical condition, or other factors that may have contributed to your behavior.
Character witnesses:
Friends, family members, or colleagues can provide character testimony that speaks to your good character and likelihood of rehabilitation.
Mitigating circumstances:
The circumstances surrounding your offense may provide grounds for mitigating your sentence or avoiding deportation altogether.
Defenses for Specific Crimes
Different crimes carry different defenses and consequences. Here are some examples:
DUI/OUI:
If you’ve been charged with driving under the influence (DUI) or operating under the influence (OUI), you may be able to argue that you were not impaired or that there was no reasonable suspicion for stopping your vehicle.
Drug offenses:
Depending on the nature of your drug offense and any mitigating circumstances, you may be able to argue for leniency or avoid deportation altogether.
Assault and battery:
If you’ve been charged with assault or battery, you may be able to argue that your actions were justified or that there were extenuating circumstances surrounding the incident.
Bukh Law P.A. Criminal Deportation Defense services:
Consultations:
Initial consultations to discuss your case and determine the best course of action.
Immigration Court Representation:
Representation in immigration court proceedings, including hearings and trials.
Criminal Defense:
Defense against criminal charges related to your immigration status, such as fraud, theft, or assault.
Immigration Law Knowledge:
Guidance on immigration laws and regulations, including eligibility for relief from deportation.
Court Appearances:
Appearance in court on your behalf to argue your case and advocate for your rights.
Document Preparation:
Preparation of necessary documents, such as applications for relief from deportation, waivers, and motions.
Evidence Gathering:
Gathering and reviewing evidence to build a strong defense against criminal charges and deportation.