Criminal Offenses US Immigration

Criminal Offenses US Immigration is commonly referred to as crimimmigration.

Every year, thousands of immigrants, many of them long-time these were minor and many may have been committed many years ago. However, there is no statute of limitations in removal proceedings. Many of these offenses are classified as aggravated felonies although they are neither “aggravated” nor are they “felonies”. Others are classified as crimes of moral turpitude. An example of this is a shoplifting conviction. However, the immigration consequences of criminal conduct, whether or not there is a conviction, may be deportation.

While a conviction may be expunged for many purposes, this does not wipe your record clean for immigration purposes. Conduct which does not count as a conviction for criminal purposes may be still be considered as a conviction in Immigration Court. Confusing? Very!

Client Reviews

We represent many foreign-born persons who the government is trying to deport for minor offenses which occurred years ago. For example, we are currently opposing the deportation of a Canadian man nearing retirement whose wife and two married daughters are U.S. citizens. His crime? He pled nolo contendre to a marijuana possession charge when he was a teenager!

The U.S. Supreme Court has held that it is the duty of criminal attorneys to advise immigrant defendants of the deportation consequences of pleading guilty or nolo contendre to a criminal offense. However, the complexity surrounding this issue is simply mind-boggling! Will you be subject to the “categorical” approach or the “modified categorical” approach? Would a particular conviction render you removable, inadmissible, or both?

If this is confusing to you, it is all the more reason to hire an attorney who is experienced in the immigration consequences of criminal conduct. He or she can analyze your case and see whether you are removable from the United States, and if so, whether you are eligible for various forms on relief including adjustment of status, asylum, cancellation of removal, waivers, etc. If you are an immigration attorney, or a person who may be subject to deportation, we hope that the resources listed below are helpful to you.

 

Criminal Offenses US Immigration is divided into the following subtopics:

• General Resources
• BIA Decisions
• Significant Federal Court Decisions
• Practice Advisories

General Resources – Criminal Offenses US Immigration

• List of Crimes of Moral Turpitude (State Department)
• Helping Immigrant Clients with Proposition 47 and Other Post-Conviction Legal Options (ILRC)
• Cases Discussed on the Immigration Review Podcast
• Criminal Issues in Immigration Law – 9th Circuit Court of Appeals (March 2022)
• Immigration Consequences of Criminal Activity – Congressional Research Service (5-28-21)
• Controlled Substances – ILRC (January 2019)
• Reducing Felonies to Misdemeanors in California – ILRC (1-01-18)
• Immigration Consequences of Crime by State (Project Citizenship, 4-25-17)
• Quick Reference Chart for Determining Key Consequences of California Offenses (ILRC, January 2016)
• Immigration Consequences of Delinquency and Crimes (KIND, 2015)
• A Prosecutor’s Expanded Responsibilities Under Padilla (2013)
• Immigration Consequences of Criminal Convictions – Office of Immigration Litigation (Revised November 2010)
• Tooby’s Guide to Criminal Immigration Law (230 pages)
• Attorney General Eric Holder Vacates Matter of Silva-Trevino (4-10-15)
• Practice Advisory: Descamps v. U.S. and the Modified Categorical Approach (6-26-13)
• Seeking Post-Conviction Relief under Padilla v. Kentucky after Chaidez v. US (2-28-13)
• ICE Targets Fewer Criminals in Deportation Proceedings (11-05-11)
• Duty of Criminal Defense Counsel Representing An Immigrant Defendant After Padilla v. Kentucky (IDP Practice Advisory)
• Retroactive Applicability of Padilla v. Kentucky – National Lawyers Guild (6-24-10)
• Lopez v. Gonzales Practice Advisories and Media Materials (Immigrant Defense Project)
• DOJ/EOIR Proposed Regulation Implements St. Cyr v. INS (8-13-02)
• EOIR FAQ: §212(c) Regulations (8-13-02)

BIA Decisions – Criminal Offenses US Immigration

 

• BIA Precedent Chart
• BIA Decisions, Volume 28 (2020-22)
• Matter of B-Z-R- (5-9-22)
• Matter of German Santos (5-5-22)
• Matter of Dang (4-28-22)
• Matter of Dingus (4-22-22)
• Matter of S. Wong (3-30-22)
• Matter of C. Morgan (3-18-22)
• Matter of Pedro Josue Jimenez-Cedillo (2-27-20)
• Matter of Haji Osman Salad(1-02-20)
• Matter of Onesta Reyes (11-21-19)
• Matter of Thomas and Thompson (10-25-19)
• Matter of Castillo-Perez (10-25-19)
• Matter of Calcano de Millan (1-11-17)
• Matter of Dia-Lizarraga (11-16-16)
• Matter of Obeya (11-16-16)
• Matter of Silva-Trevino (10-12-16)
• Matter of Gonzalez Romo (5-19-16)
• Matter of J-H-J (5-12-15)
• Matter of Montiel (4-17-15)
• BIA Interim Decision in the Matter of Martin Chairez-Castrejon: Firearms Offense vs. Aggravated Felony (7-24-14)
• BIA Decision in the Matter of Patricia Pinzon: Entry Using a False Claim to US Citizenship Does not Constitute an Admission and is Considered a CMT (8-19-13)

Certain Significant Federal Court Decisions
Regarding Criminal Offenses US Immigration

• Criminal Issues in Immigration Law – 9th Circuit Court of Appeals (March 2022)
• Pereida v. Wilkinson – US Supreme Court – A noncitizen seeking to cancel a lawful removal order bears the burden of showing that he has not been convicted of a disqualifying offense. He has not carried that burden when the record shows he has been convicted under a statute limiting multiple offenses, some of which are disqualifying, and the record is ambiguous as to which crime formed the basis of his conviction. (3-4-21)
• Nasrallah v. Barr – US Supreme Court – The Court ruled on the question of what appeals courts can review when determining whether a noncitizen who has committed a crime in the United States can be deported. (6-1-20)
• Barton v. Barr – US Supreme Court – For purposes of cancellation-of-removal eligibility, a §1182(a)(2) offense committed during the initial seven years of residence does not need to be one of the offenses of removal. (4-23-20)
• Nielsen v. Preap – US Supreme Court – The government may detain — without a hearing — legal immigrants long after they have served the sentences for crimes they committed. (3-19-19)
• Sessions v. Dimaya – US Supreme Court – 18 U. S. C. §16(b), which defines “violent felony” for purposes of the INA’s removal provisions, is unconstitutionally vague. (4-17-18)
• Luna Torres v. Lynch – US Supreme Court – A New York attempted arson conviction, with one day of imprisonment, constitutes an “aggravated felony”. (5-19-16)
• Moncrieffe v. Holder – US Supreme Court – A state drug conviction is not an aggravated felony when the statute of conviction extends to the social sharing of a small amount of marijuana. (4-23-13)
• Judulang v. Holder US Supreme Court – Green Card Holder Eligible to Apply for 212(c) Waiver Whether Conviction is for a Removable or Inadmissible Ground (12-12-11)
• Padilla v. Kentucky – US Supreme Court – Duty of Counsel in Criminal Proceedings to Warn Client About Deportation Consequences of Plea (3-31-10)
• Nijhawan v. Holder – U.S. Supreme Court. 129 S. Ct. 2294 (6-15-09) – Whether a Particular Theft Crime is an Aggravated Felony
• Matter of Silva-Trevino, 24 I&N Dec. 687 (A.G. 2008) – Application of “Modified Category” Approach to Crimes of Moral Turpitude
• Gonzales v. Duenas-Alvarez U.S. Supreme Court (1-17-07) – A Theft Offense Includes the Crime of Aiding and Abetting a Theft Offense
• Lopez v. Gonzales – When is a Drug Offender an Aggravated Felon? – U.S. Supreme Court (12-06-06)
• Leocal v. Ashcroft – DUI Causing Bodily Harm is Not a Crime of Violence – U.S. Supreme Court (11-09-04)

Practice Advisories – Criminal Offenses US Immigration

• How to Analyze a Crim-Imm Case: Four Questions to Identify Case Goals (3-20-23)
• The Conviction Finality Requirement In Light Of MATTER OF J.M. ACOSTA: The Law Circuit-by-Circuit and Practice Strategies (1-24-19)
• Controlled Substances (January 2019)
• Sessions v. Dimaya: Supreme Court strikes down 18 U.S.C. § 16(b) as void for vagueness (4-25-18)
• What Qualifies as a Conviction for Immigration Purposes? (3-05-18)
• All Those Rules about Crimes Involving Moral Turpitude (12-20-17)
• Immigration Consequences of Driving under the Influence (8-30-17)
• Aggravated Felonies: An Overview (12-16-16)
• Supreme Court’s Favorable Decision in Vartelas v. Holder: Implications for LPRs Who Take Brief Trips Abroad (4-05-16)
• Moncrieffe v. Holder: Implications for Drug Charges and Other Categorical Approach Issues (05-02-13)
• Implications of Judulang v. Holder for LPRs Seeking § 212(c) Relief and for Other Individuals Challenging Arbitrary Agency Policies (12-16-11)

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