Foreign nationals that have committed criminal acts are subject to possible deportation.  Whether a particular crime subjects an individual to deportation is a critical question, and understanding the answer is important.  Last week’s blog discussed the definition of and effect of a “crime involving moral turpitude” on an alien who has been lawfully admitted to the United States.  This week’s blog continues the discussion, focusing on multiple crimes involving moral turpitude and “aggravated felonies” as defined by immigration law.

MULTIPLE CRIMINAL CONVICTIONS AND AGGRAVATED FELONIES

Any alien who, at any time after admission, is convicted two or more crimes involving moral turpitude, is deportable, regardless of the length of the sentence or probation.  This rule applies regardless of whether the individual was actually confined and regardless of whether the multiple convictions resulted from a single trial.

An alien convicted of an “aggravated felony” is deportable.  The Immigration and Nationality Act contains a statutory list of specific criminal offenses that constitute an “aggravated felony”.  Notable offenses on this statutory list include murder, rape, sexual abuse of a minor, illicit trafficking in a controlled substance or firearms, money laundering, crimes of violence, theft or burglary for which the term of imprisonment exceeds one year, owning, controlling, managing or supervising a prostitution business, and many others.  For purposes of immigration law, a crime may constitute an “aggravated felony” even if it is a misdemeanor under state law.

An alien convicted of an aggravated felony faces particularly harsh immigration consequences.  Specifically, such a conviction removes almost all available potential relief from removal and renders the alien ineligible for a bond while removal proceedings are pending, thereby subjecting the alien to mandatory detention and mandatory removal from the United States.

Aliens convicted of crimes should have quality legal representation from an experienced immigration attorney.  The immigration lawyers at Christiansen Law Firm have significant experience in representing individuals who have been convicted of a crime and are facing possible deportation.  The immigration lawyers at Christiansen Law Firm can guide you regarding possible deportation.  For additional information, please contact the San Antonio or Houston offices of Christiansen Law Firm to arrange a free and confidential consultation.