Criminal Defense of Immigrants in California

If you are not a United States citizen, a California criminal conviction can have serious consequences for your immigration status.

Under United States immigration law, California Certain kinds of criminal convictions can lead to a non-citizen Being Deported - Regardless of how long s / he has lived in the US or how well-established his / her life is here. 1 These are so -called " deportable crimes . "

Also, California Certain criminal convictions (for so-called " inadmissible crimes ") can make an immigrant" inadmissible. " 2 This can mean (Among other things) That s / he will not be allowed to

  1. re-enter the country after leaving,

  2. Become a US citizen, or

  3. apply for permanent residence or an "adjustment of status" - That is, a change from illegal to legal immigration status. 3

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Being "inadmissible" can lead to trouble entering the United States ... even for green card holders.

Not only that-but in some cases you do not even need to be Convicted of a crime to suffer adverse immigration Consequences like deportation. Because this is a non-citizen can be made deportable or inadmissible simply for Engaging in Certain kinds of conduct, Including treats  drug trafficking and prostitution - even if s / he is never whos Convicted of esta activity in a criminal court. 4

Non-citizens facing criminal charges in California

Tragically, many immigrants face WHO California criminal charges are Represented by attorneys Who Do not Understand The Immigration Consequences of Certain outcomes-including guilty or "no contest" pleas .

These attorneys May offer good advice on how to reduce a criminal sentence. That advice May but lead to a result for the client That is far worse than a longer sentence - Namely, removal from the country That They know as home.

Example : Natasha came to the United States from Russia with her ​​parents When She was four and has lived as a legal immigrant here ever since. When she is 20, she gets arrested for Possessing cocaine.

The prosecutor charges Natasha INITIALLY With California "drug possession for sale." Her criminal defense attorney - who does not Understand immigration law - advises her to plead guilty to Instead mere possession of a controlled substance , Which will make her eligible for a "drug diversion "Instead of jail time program.

Unfortunately, Natasha's guilty plea for drug possession deportable ... Makes her something she Finds out after she has pled guilty Already. 5 If her attorney HAD Understood criminal and immigration law, I would probably Have advised her to fight the more serious charge instead.

This is why it is extremely Important for all non-citizens facing criminal charges to be Represented by a criminal defense and immigration attorney WHO Understands immigration law as well as criminal law.

In order to help you better Understand The Consequences of criminal convictions for your immigration status, our California criminal defense and immigration attorneys will address the following:

1. Due to California Deportation Criminal Convictions

eleven. Who is subject to deportation for criminal convictions?

1.2. California deportable crimes

2. Due to inadmissibility California Criminal Convictions

21. What does it mean to be inadmissible?

2.2. Inadmissible crimes California

3. "Conduct-based" Deportation and inadmissibility
4. Immigration Court and Appeals Procedure
5. Post-Conviction Relief and Immigration Law

1. Due to California Deportation Criminal Convictions

1.1 Who is subject to deportation for criminal convictions?

The federal Immigration and Nationality Act (usually Referred to as the "INA") That Provides any non-citizen living in the United States May be Deported - That is, removed from the country - If They are Convicted of Certain Criminal Offenses. 6

This is an absolute rule. It does not matter:

  • how long You have lived in the country, 7

  • how strong your ties (job, family, owning a business, etc.) are here,

  • Whether you have a dependent child Who is a US citizen, 8 or

  • Whether you are a legal or an illegal immigrant. 9

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Example : Sam was born in Vietnam. But I Moved to Orange County With His Parents When I was three years old and legally has-been here ever since.

Sam is now in His mid-thirties, owns a home, and runs a small business That employs 30 people. Also I have two children Who are United States Citizens. I've never even Been to Vietnam since moving here.

However, if Sam is deportable California Convicted of a crime, I still find himself May Being removed from the country and sent back to Vietnam.

California 1.2 crimes Deportable

Luckily, it is not the case That any criminal conviction can lead to You Being Deported from the United States. Instead, section 237 of the INA sets out a list of specific crimes That can make an alien deportable. 10

The major categories of "deportable crimes" are:

  1. So-called "crimes of moral turpitude,"

  2. So-called "aggravated felonies"

  3. Controlled substances (drug) Offenses,

  4. Firearms Offenses, and

  5. Domestic violence crimes. 11

We'll discuss each of These categories of deportable crimes California briefly. For more information, please see our page on California Deportable Crimes.

" Crimes of moral turpitude "

" Crimes of moral turpitude "(Also known as" moral turpitude Involving crimes "or" CIMTs ") are extremely hard to pin down. The INA does not Provide a definition of the phrase 12 -so courts Have had to come up With Their own definition. 13

Generally speaking, a crime of moral turpitude is a crime That Involves Usually Either

  • Dishonesty,

  • Fraud , or

  • That antisocial behavior harms others. 14

Just a few examples of crimes California courts Have That Involve found to moral turpitude are:

  • Arson, 15

  • Burglary, 16

  • Forgery, 17

  • Kidnapping, 18

  • Possession for sale of controlled substances, 19 and

  • Repeated felony convictions for driving under the influence (DUI). 20

(On That last item, the Immigration Consequences of a California DUI conviction are a very complicated topic and are best addressed by an experienced California criminal immigration attorney.)

Just being single Convicted of a crime of moral turpitude is not enough to make you deportable. Instead, you are deportable only if you either:

  1. Are Convicted of a crime of moral turpitude for a sentence of Which to one (1) year or longer May be imposed, Within five (5) years of Being ADMITTED to the US, OR

  2. Are Convicted of two (2) or more crimes of moral turpitude That did not Arise out of a single criminal scheme. 21

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Multiple convictions for crimes of moral turpitude can lead to deportation.

Aggravated felonies

An alien Who is Convicted of a so-called "aggravated felony" can be Deported. 22 This Means That a conviction for Certain felonies in California law can lead to You Being removed from esta country.

The INA sets out a long list of crimes That are Considered. "Aggravated felonies" 23 Some of the Most Important of These are:

  1. Murder,

  2. Rape,

  3. Sexual abuse of a minor,

  4. Theft crimes for Which the sentence is more than one (1) year in prison,

  5. Crimes related to the operation or supervision of a prostitution business handler handler handler (such as pimping ), and

  6. That swindle fraud crimes out of the victim At least ten thousand dollars ($ 10,000). 24

Example : Luis is a native of Argentina WHO has-been living in the US on a green card for 15 years. I is charged With the California crime of lewd acts with a child . Because this is Considered an aggravated felony, 25 if I can be Deported Convicted - so it is in his best interest to fight These charges With His criminal defense lawyer as aggressively as possible.

Controlled substances Offenses

Almost all California drug crimes can lead to deportation. 26

This includes more serious drug crimes Both: such as sale / single transportation of a controlled substance and more minor Offenses: such as possession. The only exception is a single charge of mere possession of marijuana - as long as the amount possessed is thirty (30) grams or less. 27

Firearms Offenses

Another broad group of crimes can lead to deportation That is Offenses related to firearms or destructive devices. 28 Specifically, You Can Be Deported if you are Convicted of illegally

  • purchasing,

  • selling,

  • exchanging,

  • Possessing,

  • using, or

  • carrying

any firearm. 29

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In practice, This Means That virtually any conviction for Violating California gun laws can lead to deportation.

Finally, You Can Be Deported if you are Convicted of a California domestic violence crime. 30

This includes not only typical domestic violence Offenses like domestic battery on a spouse or partner - But Also child abuse and even Violating a restraining order . 31

2. Due to inadmissibility California Criminal Convictions

21. What does it mean to be inadmissible?

Being "inadmissible" is not the same as Being deportable. While deportable Being Means That You are simply subject to Being removed from the United States, is a trickier concept inadmissibility. 32

Basically, if a non-US citizen Becomes inadmissible, That Means s / he is not eligible to receive any kind of benefit from the US Authorities immigration. Inadmissibility matters if you are:

  • An undocumented (illegal) immigrant seeking to adjust your status to That of a legal immigrant,

  • A legal immigrant WHO leaves the United States and then a to to needs to re-enter, or

  • A legal immigrant seeking US citizenship (aka "naturalization"). 33

In any of These cases, inadmissible Being Means You Will not Be able to receive the benefit you are seeking.

But Being inadmissible does not mean that you '' 'can be removed from the country (unless you Also meet the grounds for Being deportable, Which We Discussed in Section 1 above) -with one exception. If you Entered the country or received an immigration benefit while you were inadmissible (and the Authorities just did not catch it at the time), then a you to be Deported to May. 34

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If you are "inadmissible," May you not be reliable to apply for and receive a permanent resident card, aka a "green card."

2.2 Inadmissible crimes California

The list of crimes California Makes an inadmissible alien That is very similar to-but not identical to-the list of crimes That can make an alien deportable. It is set out in section 212 of the INA. 35

The major categories of crimes are inadmissible:

Crimes of moral turpitude

You can be inadmissible if you Deemed Either

  • are Convicted of, or

  • admit all the elements of,

a crime of moral turpitude. 36

(The definition of "crime of moral turpitude" is complicated, and we discuss it above in Section 1.2 of this article.)

The Differences between inadmissibility and deportability With regard to crimes of moral turpitude are:

  1. Deportability requires a conviction - but you can be if you are not inadmissible Convicted Instead of the crime but just admit to all its elements; 37 and

  2. Deportability requires two convictions of crimes of moral turpitude or else a conviction with a maximum sentence of 1 year or more within 5 years of entering the country - BUT inadmissibility has no such requirement. 38

Example : Norma was born in Guatemala but has-been a lawful permanent resident of the US for ten years. She is Convicted of the crime of forgery California -a crime of moral turpitude.

This conviction does not mean That standard can be Deported-it is only a single conviction, and it occurred more than 5 years after she Entered the US However, it does make her inadmissible. This Means So May she not be allowed to re-enter the US after a trip home to Guatemala to see family.

There is one exception to the rule That a conviction for a crime of moral turpitude Makes an inadmissible alien. If

  • Your conviction is for only one crime,

  • The maximum penalty does not Exceed one (1) year, AND

  • You are Sentenced to a jail term of six (6) months or less,

Then a conviction of (or admission to) a crime of moral turpitude will not make you inadmissible. 39

This is one more good reason why it is Important to hire a criminal defense lawyer WHO Understands the intersection of criminal and immigration law. If you are charged with a crime of moral turpitude, s / he can help you try to arrange for a charge with a maximum penalty of less than one year-and an actual sentence of less than six months-so That the conviction will not make you inadmissible.

Drug crimes

You can be rendered inadmissible if you Either

  • are Convicted of, or

  • admit to all the elements of

any state or federal drug law. 40

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Multiple criminal convictions

Finally, you can be Deemed inadmissible if

  1. You are Convicted of two (2) or more crimes (even if They Arose out of a single scheme or act), and
  2. All the sentences for all the crimes you were Convicted Of which add up to five (5) years or more. 41
"Conduct-based" Deportation and inadmissibility

Incredibly enough, you can be Declared inadmissible or deportable for criminal conduct even if you were never whos Convicted of a crime.

So-called "conduct-based" deportation or inadmissibility does happen. Potential grounds for esta to Occur are:

Prostitution-related conduct

You Can Be Deemed inadmissible-but not if you Either deportable-

  1. Came to the US to engage in prostitution,

  2. Engaged in prostitution Within 10 years of your application for admission, adjustment of status, or a visa, or

  3. Attempted procured or to seek other people to engage in prostitution (eg, pimping). 42

You do not need to whos Have Been Convicted of crimes related to prostitution to be inadmissible on This basis. 43

Example : Anna is from Bulgaria. She Enters the US with the help of a friend named Yuri. Then Yuri Demands That She engage in prostitution in order to pay back the money she owes him for bringing her here. Anna works as a prostitute for several months. She is never arrested for prostitution.

A couple of years later, Anna meets Ralph, an American citizen, And They get married. Anna wants to apply for a green card Now That she is married to an American. But she May not be Able to do so if the government somehow out Finds That She engaged in prostitution When she first arrived.

Drug trafficking

Anyone Who is Known or "reasonably Believed" to be Involved in drug trafficking-even if s / he formally Average User Convicted of trafficking-is inadmissible (but not deportable). 44

Example : Hector is a high-level narcotics dealer in Mexico before I Decided to turn around His Life. I Converts to Christianity and goes back to school, becoming a professor Eventually.

Then Hector Enters the US on a visa in order to take a temporary teaching position at an American university. While I have is in the US, Hector Publishes an inspirational article Describing His transformation from drug dealer to professor.

His teaching position after ends, Hector tries to apply to Become a permanent resident of the US But His application is rejected Because-thanks to His article-I is Known to Have Been a drug trafficker in the past-even though I was never Convicted of a crime.

Drug addiction

You May Be Deported Either if you currently are a drug addict or abuser, or Have Been a drug abuser or addict since you were ADMITTED to the US 45

In Addition, you will be inadmissible if you are currently are a drug addict or abuser. 46

According To Los Angeles criminal defense attorney Neil Shouse 47 :

"You May wonder how the government find out that you '' Could've engaged in any of These types of conduct, if You Have not Been Convicted of a crime. There are all sorts of ways, Including you publishing a book or article Describing your conduct, revealing esta you conduct on an application for an immigration-related benefit, and you revealing esta information as part of an unrelated civil or criminal court case. "

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Example : Roxanne is a citizen of Australia WHO reside in the US on a green card. She is injured in a freak accident at a grocery store and sues the grocery store's owner for damages.

As part of a court filing in esta lawsuit, Roxanne describe how the pain of her injury has led her to Become addicted to painkillers. The grocery store owner SENDS esta filing to the offices of the United States Citizenship and Immigration Services (USCIS).

Roxanne May be deportable Because now she has ADMITTED That Currently she is a drug addict.

4. Immigration Court and Appeals Procedure

If the US immigration Authorities believe that you '' 'Either are deportable or inadmissible, you will go through something called a "removal hearing" in  US Immigration Court . 48

You will receive written notice of your removal hearing. 49 The notice Should let you know, Among other things,

  1. When and where your hearing will be held,

  2. The reason you are Being targeted for removal, and

  3. That you have a right to be Represented by an immigration attorney at your hearing. 50

Your removal hearing will be presided over by someone called an "immigration judge." 51 At the hearing, you will Have the right to

  • Be Represented by an attorney,

  • Examine the evidence against you,

  • Present evidence for your case, and

  • Cross-examine witnesses against you. 52

Post-Conviction Relief & Immigration Law

If you have a conviction for a crime inadmissible or deportable California California crime on your record-Not Necessarily you are out of luck.

An experienced California criminal immigration attorney can offer you advice on the Possibility of receiving some kind of post-conviction relief . This can mean your previous conviction That will not count against you for immigration purposes.

Some of the Most Common forms of post-conviction relief are:

  • Reduction of a felony to a misdemeanor ,

  • Motion to vacate a conviction based on a guilty plea if you were not advised of the immigration Consequences of the plea, 53

  • That re-sentencing so your new, lesser sentence does not trigger immigration Consequences, and

  • Motion to vacate a conviction based on a claim that you '' 'received  ineffective assistance of counsel (ie, bad legal advice). 54

Call Us for Help ...

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If you or loved one is charged With crime and are an immigrant and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can Provide a free consultation in office or phone. We Have Local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and THROUGHOUT California.

If you face charges in Nevada, we invite you to read our article on criminal defense of immigrants in Nevada .

¿Habla español? Visite nuestro sitio Web en español sobre la defensa penal de los inmigrantes en California.

Legal References:

1 Immigration & Nationality Act ("INA") 237, 8 USC 1227 - Deportable aliens [key section of criminal immigration law]. ("(A) Classes of deportable aliens: Any alien (including an alien crewman) in and ADMITTED to the United States Shall, upon the order of the Attorney General, be removed if the alien is Within one or more of the following classes of deportable aliens ... (2) Criminal Offenses (A) General crimes (i) Crimes of moral turpitude 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 1255 (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, is deportable. (ii ) Any alien Multiple criminal convictions WHO at any time after admission is Convicted of two or more crimes Involving moral turpitude, not Arising out of a single scheme of criminal misconduct, Regardless of Whether confined therefor and Regardless of Whether the convictions Were in a single trial , is deportable. (iii) Any alien Aggravated felony Who is Convicted of an aggravated felony at any time after admission is deportable. (Iv) Any alien flight High speed Who is Convicted of a violation of section 758 of Title 18 (Relating to high speed flight from an immigration checkpoint) is deportable. (V) Failure to register as a sex offender Who is Convicted Any alien under section 2250 of Title 18 is deportable. (Vi) Waiver authorized Clauses (i), (ii), (iii) and (iv) Shall not apply in the case of an alien With respect to a criminal conviction if the alien subsequent to the criminal conviction you Has Been Granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States. (B) Controlled substances (i) Any alien WHO Conviction 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 802 of Title 21), other than a single offense Involving possession for one's own use of 30 grams or less of marijuana, is deportable. (Ii) Drug abusers and addicts Any alien Who is, or at any time after admission has-been, a drug abuser or addict is deportable. (C) Any alien WHO Certain Offenses firearm at any time after admission is Convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, Possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, POSSESS, or carry, any weapon, part, or accessory Which is a firearm or destructive device (as defined in section 921 (a) of Title 18) in violation of any law is deportable. (D) Any alien Miscellaneous crimes at any time WHO has-been Convicted (the judgment on end becoming Such conviction) of, or has-been so Convicted of a conspiracy or Attempt to violate-- (i) any offense under chapter 37 ( Relating to espionage), chapter 105 (Relating to sabotage), or chapter 115 (Relating to treason and sedition) of Title 18 for Which a term of imprisonment of five or more years May be imposed; (Ii) any offense under section 871 or 960 of Title 18; (Iii) a violation of any provision of the Military Selective Service Act (50 USC 451 et seq App ..) Or the Trading With the Enemy Act (50 USC App 1 et seq ..); or (iv) a violation of section 1185 or 1328 of this title, is deportable. (E) Crimes of domestic violence, stalking, or violation of protection order, crimes against children and (i) Domestic violence, stalking, child abuse and WHO Any alien at any time after admission is Convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, abandonment or child is deportable. For purposes of esta clause, the term "crime of domestic violence" Means any crime of violence (as defined in section 16 of Title 18) against a person Committed by a current or former spouse of the person, by an Individual with Whom the person shares a child in common, by an Individual Who is cohabiting or has cohabited With With the person as a spouse, by an Individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction Where the offense OCCURS, or by any other single against A person who is protected from individually That's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government. (Ii) Violators of protection orders Any alien WHO at any time after admission is enjoined under a protection order issued by a court and Whom the court has engaged in conduct Determines That violates the portion of a protection order against credible protection That Involves Threats of violence , Repeated harassment, or bodily injury to the person or persons For Whom the protection order was issued is deportable. For purposes of esta clause, the term "protection order" Means any injunction issued for the purpose of preventative violent or threatening acts of domestic violence, Including temporary end or orders issued by criminal or civil courts (other than child support or custody orders or Provisions ) Whether independent Obtained by filing an action or as a pendente lite order in another proceeding. (F) Any alien Trafficking Described in section 1182 (a) (2) (H) of this title is deportable. ")

2 212 INA, 8 USC 1182 - (a) Classes of aliens ineligible for visas or admission [key section of criminal immigration law]. ("Except as provided in chapter esta Otherwise, aliens Who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be ADMITTED to the United States: ... (2) Criminal and related grounds (A) Conviction of Certain crimes (i) In General Except as provided in clause (ii), any alien Convicted of, or WHO admits having Committed, or Committing acts WHO admits Which Constitute the essential elements of-- (I) Involving moral turpitude crime (other than a purely political offense) or an Attempt or conspiracy to commit Such a crime, or (II) a violation of (or a conspiracy or Attempt to violate) any law or regulation of a State, the United States, or to Relating to a foreign country controlled substance (as defined in section 802 of Title 21), is inadmissible. (ii) Exception Clause (i) (I) Shall not apply to an alien WHO Committed only one crime if-- (I) the crime was Committed When the alien was under 18 years of age, and the crime was Committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or (II) the maximum penalty possible for the crime Of which the alien was Convicted (or the alien admits having Which Committed Of which the acts or the alien admits That Committed having constituted the essential elements) 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 (Regardless of the extent to Which the sentence was Ultimately Executed). (B) Any alien Multiple criminal convictions Convicted of 2 or more Offenses (other than purely political Offenses), Regardless of Whether the conviction was in a single trial or Whether the Offenses Arose from a single scheme of misconduct and Offenses Regardless of Whether the Involved moral turpitude, for Which the aggregate sentences to confinement Were 5 years or more is inadmissible. (C) Any alien Controlled substance traffickers Who the consular officer or the Attorney General knows or has reason to believe-- (i) is or has-been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 802 of Title 21), or is or has-been to Knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled substance or listed or chemical, or endeavored to do so; or (ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, Within the previous 5 years, Obtained any financial or other benefit from the illicit activity of That alien, and reasonably Knew or Should Have Known That the financial or other benefit Such was the product of illicit activity, is inadmissible. (D) Prostitution and commercialized vice Any alien who-- (i) is coming to the United States Solely, Principally, or incidentally to engage in prostitution, or engaged in prostitution Have Within 10 years of the date of application for a visa, admission , or adjustment of status, (ii) Directly or Indirectly or procures Attempts to try, or (Within 10 years of the date of application for a visa, admission, or adjustment of status) procured or Attempted to try or to import, or prostitutes persons for the purpose of prostitution, or Receives or (Within Such 10-year period) received, in whole or in part, the proceeds of prostitution, or (iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution, is inadmissible. (E) Certain aliens Involved in serious criminal activity Who Have Asserted immunity from prosecution Any alien-- (i) Who Have Committed in the United States at any time a serious criminal offense (as defined in section 1101 (h) of this title) (ii) For Whom immunity from criminal jurisdiction was exercised That With respect to offense, (iii) who as a consequence of the offense and exercise of immunity Have departed from the United States, and (iv) Who Have not subsequently fully Submitted to the jurisdiction of the court in the United States having jurisdiction With respect to That offense, is inadmissible. (F) For Waiver authorized waiver of provision Authorizing Certain esta subparagraphs of paragraph, see subsection (h) of esta section. (G) Foreign Government Officials Who Have Committed Particularly severe Violations of religious freedom Any alien who, while serving as a foreign government official, was responsible for or Directly Carried out, at any time, Particularly severe Violations of religious freedom, as defined in section 6402 of Title 22, is inadmissible. (H) Significant traffickers in persons (i) In General Any alien WHO commits or conspires to commit human trafficking Offenses in the United States or outside the United States, or Who the consular officer, the Secretary of Homeland Security, the Secretary of State, or the Attorney General knows or has reason to believe is or has-been to Knowing aider, abettor, assister, conspirator, or colluder With Such a trafficker in severe forms of trafficking in persons, as defined in the section 7102 of Title 22, is inadmissible. (Ii) Beneficiaries of trafficking Except as provided in clause (iii), any alien Who the consular officer or the Attorney General knows or has reason to believe is the spouse, son, or daughter of an inadmissible alien under clause (i), you , Within the previous 5 years, Obtained any financial or other benefit from the illicit activity of That alien, and Knew or reasonably should have known That the financial or other benefit Such was the product of illicit activity, is inadmissible. (Iii) Exception for Certain sons and daughters Clause (ii) Shall not apply to a WHO are or daughter was a child at the time I received the benefit or she Described in Such clause. (I) Any Money laundering alien-- (i) who a consular officer or the Attorney General knows, or has reason to believe, You have engaged, is Engaging, or seeks to enter the United States to engage, in an offense Which is Described in section 1956 or 1957 of Title 18 (Relating to laundering of monetary instruments); or (ii) who a consular officer or the Attorney General knows is, or has-been, a Knowing aider, abettor, assister, conspirator, or with others in colluder Such an offense Which is Described in section; is inadmissible. ")

3 245 INA, 8 USC 1255 - Adjustment of status of nonimmigrant to That of person ADMITTED for permanent residence [Can Be Affected by immigration Consequences of a California criminal conviction]. ("(A) The status of an alien was inspected and WHO ADMITTED or paroled into the United States 1 / or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa / may be adjusted by the Attorney General In His discretion and under May Have Such regulations as prescribed, to That of an alien lawfully ADMITTED for permanent residence if (1) the application for an alien Makes Such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) Immediately an immigrant visa is available to him at the time .... His application is filed (i) (1) 2a / Notwithstanding the Provisions of Subsections (a) and ( c) de esta section, an alien physically present in the United States - (A) who - (i) Entered the United States without inspection; ... (2) Upon receipt of Such an application and the sum hereby required, the Attorney General May adjust the status of the alien to That of an alien lawfully ADMITTED for permanent residence if-(A) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and (B) Immediately an immigrant visa is available to the alien at the time the application is filed. ")

4 See INA 237, endnote 1 above [deportable crimes]; INA 212, endnote 2 above [inadmissible crimes].

5 See INA 237, endnote 1 above [deportable crimes].

6 See INA 237, endnote 1 above [deportable crimes].

7 See Saw-Reyes v. INS, (5th Cir. 1978) 585 F.2d 762 ("The petitioner Makes several other related arguments. For example, I have Argues That if I is an alien [with a criminal conviction That Has Consequences immigration] and if the deportation statutes THEREFORE apply to him, the application of Those statutes In This case violates the equal protection clause. His argument is That by virtue of His long residence, I stands similarly situated to any person born in the United States. Since "an individually born in esta Deported country would not be the same if I Committed identical crimes "as the petitioner, the deportation effect an unlawful discrimination statutes. We have Considered This and other arguments raised by petitioner and find them meritless.")

8 Encis-Cardozo v. INS (2d Cir. 1974), 504 F.2d 1252 ("[I] t appears to be established Firmly That an infant's status as a citizen and his dependence on His alien parent do not Prevent the deportation of the alien parent [following a criminal conviction] .... ")

9 101 See INA, 8 USC 1101 - Definitions. ("(A) As used in esta Act -... (3) the term" alien "Means any person not a citizen or national of the United States.")

10 See INA 237 (a) (2) (A). ("(I) Crimes of moral turpitude [Important concept for criminal immigration law]. 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 lawful provided permanent resident status under section 1255 (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, is deportable. (ii) Multiple criminal convictions Any alien WHO at any time after admission is Convicted of two or more crimes Involving moral turpitude, not Arising out of a single scheme of criminal misconduct, Regardless of Whether confined therefor and Regardless of Whether the convictions Were in a single trial, is deportable. ")

11 See same.

12 101 See INA, 8 USC 1101 - Definitions [for purposes of criminal immigration law].

13 See Nunez v. Holder, (2010) 594 F.3d 1124, 1124 ("Once again we face the question of what is moral turpitude [for purposes of criminal immigration law]: a nebulous question That we are required to answer on the basis of judicially established categories of criminal conduct. ")

14 In re Craig, (1938) 12 Cal.2d 93, 97. ("Moral turpitude [a key concept in criminal immigration law] has-been defined by many Authorities as an act of baseness, vileness or depravity in the private and social Which a man owes duties to His fellowmen, or to society in general Contrary to the accepted and customary rule of right and duty Between man and man. ")

15 People v. Miles, (1985) 172 Cal.App.3d 474, 482.

16 People v. Castro (1986) 186 Cal.App.3d 1211.

17 People v. Parrish (1985) 170 Cal.App.3d 336, 349.

18 People v. Zataray (1985), 173 Cal.App.3d 390, 400.

19 People v. Castro (1985), 38 Cal.3d 301, 317.

20 People v. Forster (1994) 29 Cal.App.4th 1746, 1756. ("In any event, the key issue for us is Whether felony driving under the influence With three or more driving under the influence convictions Within seven years of the instant offense (§ 23175) is a crime Involving moral turpitude [a key concept in criminal immigration law] under the prescription of People v. Castro, supra, 38 Cal.3d 301. For the Reasons That follow, we close up commercial it is. ")

21 See INA 237 (a) (2) (A), endnote 10 above.

22 See INA 237 (a) (2) (A) (iii) [deportable crimes]. ("(Iii) Any alien Aggravated felony Who is Convicted of an aggravated felony at any time after admission is deportable.")

23 101 INA, 8 USC 1101 (a) (43) - [. for criminal purposes of immigration law] Definitions ("(43) The term" aggravated felony "means-- (A) murder, rape, or sexual abuse of a minor; (B) illicit trafficking in a controlled substance (as defined in section 802 of Title 21), Including a drug trafficking crime (as defined in section 924 (c) of Title 18); (C) illicit trafficking in firearms or destructive devices (as defined in section 921 of Title 18) or in explosive materials ( as defined in section 841 (c) of That title), (D) an offense Described in section 1956 of Title 18 (Relating to laundering of monetary instruments) or That section 1957 of title (Relating to Engaging in monetary transactions in property derived from specific unlawful activity) if the amount of the funds exceeded $ 10,000; (E) an offense Described in-- (i) section 842 (h) or (i) of Title 18, section 844 or (d), (e), (f), (g), (h) or (i) of That title (Relating to Offenses explosive materials); (ii) section 922 (g) (1), (2), (3), (4) or (5), (j), (n), (o), (p) or (r) or 924 (b) or (h) of Title 18 (Offenses Relating to firearms); or (iii) section 5861 of Title 26 (Offenses Relating to firearms); (F) a crime of violence (as defined in section 16 of Title 18, but not Including a purely political offense) for Which the term of imprisonment at [FN3] Least one year; (G) a theft offense (including receipt of stolen property) or burglary offense for Which the term of imprisonment at [FN3] Least one year; (H) an offense Described in section 875, 876, 877, or 1202 of Title 18 (Relating to the demand for or receipt of ransom); (I) an offense Described in section 2251, 2251A, or 2252 of Title 18 (Relating to child pornography); (J) an offense Described in section 1962 of Title 18 (Relating to Racketeer Influenced Corrupt Organizations), or an offense Described in section 1084 (if it is a second or subsequent offense) or 1955 of That title (Offenses Relating to gambling) Which for a sentence of one year imprisonment or more May be imposed; (K) an offense that-- (i) Relates to the owning, controlling, managing, or supervising of a prostitution business; (Ii) is Described in section 2421, 2422, or 2423 of Title 18 (Relating to transportation for the purpose of prostitution) if Committed for commercial advantage; or (iii) is Described in any of sections 1581 to 1585 or 1588 to 1591 of Title 18 (Relating to peonage, slavery, involuntary servitude, and trafficking in persons); (L) an offense Described in-- (i) section 793 (Relating to gathering or transmitting national defense information), 798 (Relating to disclosure of classified information), 2153 (Relating to sabotage) or 2381 or 2382 (Relating to treason) of Title 18; (Ii) section 421 of Title 50 (Relating to Protecting the identity of undercover intelligence agents); or (iii) section 421 of Title 50 (Relating to Protecting the identity of undercover agents); (M) an offense that-- (i) Involves fraud or deceit in Which the loss to the victim or victims Exceeds $ 10,000; or (ii) is Described in section 7201 of Title 26 (Relating to tax evasion) in Which the revenue loss to the Government Exceeds $ 10,000; (N) an offense Described in paragraph (1) (A) or (2) of section 1324 (a) of this title (Relating to alien smuggling), except in the case of a first offense for Which the alien has affirmatively shown That the alien Committed the offense for the purpose of assisting, abetting, aiding or only the alien's spouse, child, or parent (and not individually other) to violate a provision of esta chapter [FN4]; (O) an offense Described in section 1325 (a) or 1326 of this title Committed by an alien Who Was Previously Deported on the basis of a conviction for an offense Described in another subparagraph of esta paragraph; (P) an offense (i) Either Which is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of section 1543 of Title 18 or is Described in section 1546 (a) of Such title (Relating to document fraud) and (ii) for Which the term of imprisonment is at Least 12 months, except in the case of a first offense for Which the alien has affirmatively shown That the alien Committed the offense for the purpose of assisting, abetting, aiding or only the alien's spouse, child, or parent (and not individually other) to violate a provision of esta chapter; (Q) an offense Relating to a failure to Appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of 5 years or more; (R) an offense Relating to commercial bribery, counterfeiting, forgery, trafficking in vehicles or the identification numbers of Which Have Been Altered For Which is the term of imprisonment At least one year; (S) an offense Relating to obstruction of justice, perjury or subornation of perjury, or bribery of a witness, for Which the term of imprisonment is At least one year; (T) an offense Relating to a failure to Appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for Which a sentence of 2 years' imprisonment or more May be imposed; and (U) an Attempt or conspiracy to commit an offense Described In This paragraph. The term Applies to an offense Described In This paragraph Whether in violation of Federal or State law and Applies to Such an offense in violation of the law of a foreign country for Which the term of imprisonment was completed Within the previous 15 years. Notwithstanding any other provision of law (including any effective date), the term Applies Regardless of Whether the conviction was Entered before, on, or after September 30, 1996. ")

24 See same.

25 See same.

26 See INA 237 (a) (2) (B) [deportable crimes]. ("(B) Controlled substances (i) Any alien WHO Conviction 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 to foreign country Relating to a controlled substance (as defined in section 802 of Title 21), other than a single offense Involving possession for one's own use of 30 grams or less of marijuana, is deportable. ")

27 See same.

28 INA 237 (a) (2) (C) [deportable crimes]. ("(C) Certain Offenses Any alien WHO firearm at any time after admission is Convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, Possessing, or carrying, or of attempting or conspiring to purchase, sell , offer for sale, exchange, use, own, POSSESS, or carry, any weapon, part, or accessory Which is a firearm or destructive device (as defined in section 921 (a) of Title 18) in violation of any law is deportable . ")

29 See same.

30 INA 237 (a) (2) (E) [deportable crimes]. ("(E) Crimes of domestic violence, stalking, or violation of protection order, crimes against children and (i) Domestic violence, stalking, child abuse and WHO Any alien at any time after admission is Convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, abandonment or child is deportable. For purposes of esta clause, the term "crime of domestic violence" Means any crime of violence (as defined in section 16 of Title 18) They Committed by a person against a current or former spouse of the person, by an Individual with Whom the person shares a child in common, by an Individual Who is cohabiting or has cohabited With With the person as a spouse, by an Individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction Where the offense OCCURS, or by any other single against A person who is protected from That single's acts under the domestic or family violence laws of the United States or any State , Indian tribal government, or the unit of the local government. (Ii) Violators of protection orders Any alien WHO at any time after admission is enjoined under a protection order issued by a court and Whom the court has engaged in conduct Determines That violates the portion of a protection order against credible protection That Involves Threats of violence , Repeated harassment, or bodily injury to the person or persons For Whom the protection order was issued is deportable. For purposes of esta clause, the term "protection order" Means any injunction issued for the purpose of preventative violent or threatening acts of domestic violence, Including temporary end or orders issued by criminal or civil courts (other than child support or custody orders or Provisions ) Whether independent Obtained by filing an action or as a pendente lite order in another proceeding. ")

31 See same.

32 See CEB California Criminal Law Practice & Procedure § 52.18: Grounds of inadmissibility [inadmissible crimes]. ("In sum, one can view the grounds for inadmissibility as the standard for a person attempting to Obtain some Authorities benefit from immigration. An undocumented person WHO Applies for permanent residency, a person with lawful immigration status WHO leaves the United States and needs to reenter, and a permanent resident WHO wishes to Become a US citizen can be barred by all Being inadmissible on the grounds-related crimes. However, a noncitizen lawfully WHO ADMITTED has-been to the United States at some point can not be Deported Merely for Being inadmissible (unless I or she was inadmissible at the time of the last admission) to be Deported, the person must eat Within a ground of deportability ").

33 See same.

34 INA 237 (a) (1) (A) [deportable crimes]. ("(1) Inadmissible at time of entry or of adjustment of status or violates status (A) Any alien WHO Inadmissible aliens at the time of entry or adjustment of status was Within one or more of the classes of inadmissible aliens by the law Existing Such time at deportable. ")

35 See endnote 2 above [inadmissible crimes].

36 INA 212 (a) (2) (A) (i) (I) [inadmissible crimes]. ("(2) Criminal and related grounds (A) Conviction of Certain crimes (i) In General Except as provided in clause (ii), any alien Convicted of, or WHO admits having Committed, or Committing acts WHO admits Which Constitute the essential elements of-- (I) Involving moral turpitude crime (other than a purely political offense) or an Attempt or conspiracy to commit a crime ... Such ")

37 See same.

38 Compare INA 212 (a) (2) (A) [inadmissible crimes] With INA 237 (a) (2) (A) [deportable crimes].

39 INA 212 (a) (2) (A) (ii) (II) [inadmissible crimes]. ("(Ii) Exception Clause (i) (I) Shall not apply to an alien WHO if-- Committed only one crime ... (II) the maximum penalty possible for the crime Of which the alien was Convicted (or Which the alien admits having Committed Of which the acts or the alien admits That Committed having constituted the essential elements) 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 (Regardless of the extent to Which the sentence was Ultimately Executed). ")

40 INA 212 (a) (2) (A) (i) (II) [inadmissible crimes]. ("(" (2) Criminal and related grounds (A) Conviction of Certain crimes (i) In General Except as provided in clause (ii), any alien Convicted of, or WHO admits having Committed, or Committing acts WHO admits Which Constitute of-- the essential elements ... (II) to 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 802 of Title 21) .... ")

41 INA 212 (a) (2) (B) [inadmissible crimes]. ("(B) Multiple criminal convictions. Any alien Convicted of 2 or more Offenses (other than purely political 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 Involved the Offenses moral turpitude, for Which the aggregate sentences to confinement Were 5 years or more is inadmissible. ")

42 INA 212 (a) (2) (D) [inadmissible crimes]. ("(D) Prostitution and commercialized vice. Any alien who-- (i) is coming to the United States Solely, Principally, or incidentally to engage in prostitution, or engaged in prostitution Have Within 10 years of the date of application for a visa, admission, or adjustment of status, (ii) Directly or Indirectly or procures Attempts to try, or (Within 10 years of the date of application for a visa, admission, or adjustment of status) procured or Attempted to try or to import , prostitutes or persons for the purpose of prostitution, or Receives or (Within Such 10-year period) received, in whole or in part, the proceeds of prostitution, or (iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution, is inadmissible. ")

43 See same [no mention of a criminal conviction for immigration Consequences Being required].

44 INA 212 (a) (2) (C) [inadmissible crimes]. ("(C) Controlled substance traffickers. Any alien Who the consular officer or the Attorney General knows or has reason to believe-- (i) is or has-been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 802 of Title 21), or is or has-been to Knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled substance or listed or chemical, or endeavored to do so; or ( ii) is the spouse, son, or daughter of an inadmissible alien under clause (i), has, Within the previous 5 years, Obtained any financial or other benefit from the illicit activity of That alien, and Knew or reasonably should have known That the financial or other benefit Such was the product of illicit activity, is inadmissible. ")

45 INA 237 (a) (2) (B) (ii) [deportable crimes]. ("(Ii) Drug abusers and addicts Any alien Who is, or at any time after admission has-been, a drug abuser or addict is deportable.")

46 INA 212 (a) (1) (A) (iv) [inadmissible crimes]. ("Any alien ... (iv) who is determined to to to (In Accordance With regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.")

47 Our Los Angeles criminal defense and immigration attorneys understand the unique issues facing California immigrants with crimes charged. We make a point of understanding every client's immigration status and the effects of criminal case on their status. We represent both US citizen and non-citizen clients at courthouses THROUGHOUT the Los Angeles County and San Bernardino County court systems

48 Judulang v. Holder (2011), 132 S. Ct 476, 479 ("Since That time, the Government has used a unified procedure, Known as a" removal proceeding, "for exclusions and deportations [as a result of criminal immigration law] alike." )

49 See 8 USC 1229 [notice of removal hearings under criminal immigration law]. ("(1) In general. In removal proceedings under section 1229th of this title, written notice (In this section Referred to as a" notice to appear ") Shall Be Given in person to the alien (or, if service personnel is not practicable, through service by mail to the alien or to the alien's counsel of record, if any) Specifying the following: .. (A) The nature of the proceedings against the alien (B) The legal authority under Which the proceedings are Conducted ( C) The acts or conduct Alleged to be in violation of law. (D) The charges against the alien and the statutory Provisions Alleged to Have Been Violated. (E) The alien May be Represented by counsel and the alien will be provided (i ) a period of time to secure counsel under subsection (b) (1) of esta section and (ii) a current list of counsel prepared under subsection (b) (2) of esta section. (F) (i) The requirement That Immediately Provide the alien must (or Have provided) the Attorney General with a written record of an address and telephone number (if any) at the alien Which May be Contacted Respecting proceedings under section 1229th of this title. (Ii) The requirement That the alien must Immediately Provide the Attorney General with a written record of any change of the alien's address or telephone number. (Iii) The 1229th Consequences under section (b) (5) of this title of failure to Provide address and telephone information pursuant to this subparagraph. (G) (i) The time and place at Which the proceedings will be held. (Ii) The 1229th Consequences under section (b) (5) of this title of the failure, except under exceptional Circumstances, to Appear at Such proceedings. "

50 See same.

51 8 USC 1229th [removal hearings under criminal immigration law]. ("(A) Proceeding (1) In general. An immigration judge Shall conduct proceedings for deciding the inadmissibility or deportability of an alien.")

52 See same [removal hearings under criminal immigration law]. ("(B) ... (4) Alien's rights in proceeding. In proceedings under section esta, under regulations of the Attorney General- (A) the alien Shall Have the privilege of Being Represented, at no expense to the Government, by counsel of the alien's choosing Who is authorized to practice in Such proceedings, (B) the alien Shall have a reasonable opportunity to examine the evidence against the alien, to present evidence on the alien's own Behalf, and to cross-examine witnesses presented by the Government but These rights Shall not entitle the alien to examine Such national security information as the Government May proffer in opposition to the alien's admission to the United States or to an application by the alien for discretionary relief under esta chapter, and (C) to complete Shall record be kept of all testimony and evidence produced at the proceeding. ")

53 Penal Code 1016.5 PC - Advisement Concerning alien status as [Immigration Consequences of California criminal convictions]. ("(A) Prior to acceptance of a plea of guilty or nolo contendere to any offense punishable as a crime under state law, except Offenses designated as infractions under state law, the court Shall administer the following advisement on the record to the defendant: If you are not a citizen, you are hereby advised That conviction of the offense for Which You Have Been charged May Have The Consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. (b) Upon request, the court Shall allow the defendant additional time to Consider the appropriateness of the plea in light of the advisement as described In this section. If, after January 1, 1978, the court fails to advise the defendant as required by esta section and the defendant shows That conviction of the offense to Which defendant pleaded guilty or nolo contendere May Have The Consequences for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States, the court, on defendant's motion, Shall vacate the judgment and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty. Absent a record That the court provided the advisement required by esta section, the defendant Shall be presumed to Have not received the required advisement. ")

54 See People v. Lucas (1995) 12 Cal.4th 415, 436. ("A criminal defendant [Including a non-citizen] is guaranteed the right to the assistance of counsel by Both the state and federal Constitutions.")

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