The Department of Homeland Security, through its various enforcement agencies, initiates the process to remove non-citizens from the U.S. An alien, including a Lawful Permanent Resident may be inadmissible/deportable for many reasons.
Any alien convicted of, or who admits having committed, or who admits the essential elements of a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime) is admissible. INA § 212(a)(2)(A)(i).
a.i Any alien who (I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 245(j) of this title) after the date of admission, and (II) is convicted of a crime for which a sentence of one year or longer may be imposed. (In NYC this includes a class A misdemeanor). INA §237(a)(2)(A)(i).
Exception: The crime was committed when the alien was under 18, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than five years before the date of application for admission. INA § 212(a)(2)(A)(ii)(I).
Note: The exceptions under this ground are different for arriving aliens and deportable aliens.
Exception: The maximum penalty possible for the crime did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months. INA § 212(a)(2)(A)(i)(II).
Multiple CIMTs. Any alien whoa at any time after admission is convicted of 2 or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless
of whether confined therefore and regardless of whether the convictions were in a single trial, is deportable.
INA § 237(a)(2)(A)(ii).
Multiple Criminal Convictions. Any alien convicted of 2 or more offenses, regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement actually imposed were 5 years or more is inadmissable.INA § 212(a)(2)(B). Note: For arriving aliens, the crimes do not need to be CIMTs and there is no exception for a single scheme.
IV. Controlled Substance Violations
Controlled Substance Violations. Any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) is admissible.
INA § 212(a)(2)(A)(ii).
b. Controlled Substance Violations. Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), other than a single offense involving possession for one’s own use of thirty grams or less of marijuana, is deportable.
INA § 237(a)(2)(B)(i).
c. Controlled Substance Traffickers. Any alien who the consular or immigration officer knows or has reason to believe is or has been an illicit trafficker in any controlled substance or is or has been a knowing assister, abettor, conspirator, or colluder with others in the illicit trafficking in any such controlled substance, is inadmissible.
INA § 212(a)(2)(C). b. Drug abusers and addicts. Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable. INA § 237(a)(2)(B)(ii).
Trafficking in a controlled substance is also a deportable offense as an aggravated felony.
V. Other Selected Grounds of Deportability/Removability
Domestic Violence, Stalking, Crimes against Children, and Violations of Protective Orders. INA §237(a)(2)(E).
An alien who at any time has been convicted — (I) under section 266(c) of this Act (fraudulent statements) or under section 36(c) of the Alien Registration Act, 1940, (ii) of a violation of, or an attempt or conspiracy to violate, any provision of the Foreign Agents Registration Act of 1938 (22 USC 611), or (iii) of a violation of, or an attempt or a conspiracy to violate, section 1546 of title 18, USC (relating to fraud and misuse of visas, permits, and other entry documents), is deportable.
Drug Abusers & Addicts. INA §237(a)(2)(B)(ii). Any alien who is, or who at any time after admission has been, a drug abuser or addict is deportable.
Inadmissable Aliens. INA §237(a)(1)(A). Any alien who at the time after entry or adjustment of status was within one or more of the classes of aliens inadmissable by the law existing at such time is deportable. For grounds of inadmissability see INA §212(a).
Nonimmigrant Status Violators. INA §237(a)(1)(C)(I). Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which was changed under section 248, or to comply with the conditions of such status, is deportable.
Smuggling. INA §237(a)(1)(E). Any alien who (prior to the date of entry, at the time of entry, or within five years of the date of entry) knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is deportable.
Marriage Fraud. INA §237(a)(1)(G).
Failure to register change of address. INA §237(3)(A). An alien who has failed to comply with the provisions of section 265 is deportable, unless the alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful.
Document Fraud. INA §237(a)(3)(C)(I). (I) An alien who is the subject of a final order for violation of section 274C is deportable. (ii) The AG may waive Claus (I) in the case of an alien lawfully admitted for permanent residence if no previous civil money penalty was imposed against the alien under section 274C and the offense was incurred solely to assist, aid, or support the alien’s spouse or child.
Falsely Claiming Citizenship. INA §237(a)(3)(D). Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A)(relating to employment) or any Federal or State law is deportable.
Security and Related Grounds. INA §237(a)(4). Activity relating to espionage, sabotage, exporting sensitive information, national security, endangering public safety, the control or overthrow of the Government, terrorist activity is deportable.
Foreign Policy. INA §237(a)(4)(C). An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.
Nazi Persecution. INA §237(a)(4)(D). Any alien who assisted in Nazi persecution or engaged in genocide as described in clause (I) and (ii) of section 212(a)(3)(E) is deportable.
Public Charge. INA §237 (a)(5). Any alien who, within five years after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.
Unlawful Voters. INA §237(a)(6). Any alien who has voted in violation of any Federal, state, or local constitutional provision, statute, ordinance, or regulation is deportable.
III. Crimes Involving Moral Turpitude
There is no precise definition of Crime Involving Moral Turpitude, otherwise referred to as a “CIMIT”, within the Immigration and Nationality Act. One must look to case law precedent to make a determination of whether a particular crime is a CIMT.
a. A CIMT refers generally to conduct which is inherently base, vile, depraved, or an act which is malum in se or intrinsically wrong.
b. Examples of CIMTs: Murder and voluntary manslaughter, kidnapping, assault with intent to harm, assault with deadly weapon, child abuse, theft and larceny, fraud, rape, prostitution, arson, blackmail, counterfeiting, and willful tax evasion.
c. Generally regulatory crimes are not CIMTs. Generally drug offenses are not CIMTs; however, the BIA has held that possession with intent to distribute cocaine where knowledge or intent is an element is a CIMT. Matter of Khourn, Int. Dec. 3330 (BIA 1997).
Forms of relief in removal proceedings may include:
Adjustment of Status;
Cancellation of Removal for Lawful Permanent Residents
Cancellation of Removal for Non-Permanent Residents;
Convention Against Torture (CAT);
NACARA-based Cancellation of Removal;
Stay of Deportation;
Suspension of Deportation;
In the past decade, there has been no area of immigration law that generated more controversy, resulted in more litigation, and caused more confusion than the law related to persons coming to the U.S. after fleeing persecution in their homeland.
An asylee is a person who meets the definition of refugee, but who is either physically present in the U.S. or is at land border or port of entry of the U.S. at the time s/he seeks refuge. A refugee is defined as any person outside his or her home country or nationality, on the case of a person having no nationality, her or her last habitual residence, who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of that country because of persecution or a “well founded fear of persecution on account of race, religion, nationality, membership, in a particular social group or political opinion.
Persecution is defined as “a threat to the life or freedom of, or the infliction of suffering or harm upon, those who differ in a way regarded as offensive”. Persecution does not require permanent or serious injury. Custodial interrogation may amount to persecution where it is abusive. Rape or sexual assault may also amount to persecution.
Our experience Attorneys have successfully represented many asylum seekers hailing from Albania, Bangladesh, Colombia, Fiji, Haiti, India, Kosovo, Mexico, Pakistan, Peru, Serbia, Sri-Lanka, and Venezuela.
II. Detention and Immigration Bonds:
When an alien is taken into custody, the INS does have the option to release the him or her. An alien must show that he or she does not pose a threat to national security or a bail risk. Factors to consider are previous arrests in the U.S., previous convictions in the alien’s native country, illegal entry into the U.S., employment status, participation in subversive activities, and the presence of relatives in the U.S.
Our Law Firm provides skilled and personal legal services to men, women and children detained by the U.S. Immigration and Customs Enforcement (USICE), formerly known as the INS. Unlike many law firms, our Law Firm appears in person at all bond hearings in order to seek the most favorable terms for their clients. The firm knows that professional bond representation needs to be conducted face-to-face, not phoned in to an immigration judge.
How We Can Help You:
The Firm has represented clients in removal and asylum proceedings not only in Immigration Courts in Orlando, Miami, and Pompano Beach, Florida, but at different Immigration Courts throughout the U.S. Effective representation prior to the initiation of removal proceedings can be a solution to directly influence whether ICE or USCIS actually places our clients into removal proceedings. The Firm regularly consults with criminal defense attorneys for our clients in order to review plea and sentencing deals and proposed alternative charges in advance when are clients find themselves in State or Federal Criminal Court proceedings. Alternatively, effective representation during removal proceedings is essential to the optimal outcome for our clients in Immigration Court. The construction of viable and effective defense strategies in Immigration Court is what our clients rely on the Firm for. The Firm’s clients also rely on the Firm for our familiarity with the Immigration Court system including the often complex judicial practices and procedures. The Firm undertakes a coordinated response to the multiple agencies and entities which comprise the DHS prosecution process, i.e., CBP, ICE and USCIS. The Firm discusses with its clients the possible outcome to the removal proceedings once the removal charges have been filed, and maintains its clients informed of the progress of the case. In order for the Firm to effectively assess any potential removal case we ask the client to bring the Arrest Report; the “Information” or other charging document; the disposition of the case before the State or Federal Court, if the case has already been as well as evidence from the court that all costs, fines and/or other terms of the sentence have been complied with.