Immigration & Aggravated Felonies
It is of paramount importance for those lacking full citizenship to give careful consideration as to whether a charge or potential plea involves an aggravated felony. The attorneys at our firm, Ibrahim Law Group, are skilled in avoiding immigration pitfalls in criminal cases. If you are not a citizen of the United States and believe that you may have been charged with an aggravated felony, our lawyers possess the experience you need to insure that you are not removed or deported.
Under Federal Immigration Law, a non-citizen may be subject to Criminal Deportation if he or she is convicted of what is termed an "aggravated felony". When a crime is both a felony offense and "aggravated" in nature, it triggers removal from the United States. There are 21 charges that mandate deportation as aggravated felonies absent Relief from a Criminal Conviction. The Immigration and Nationality Act ("INA") defines "aggravated felony" to include:
1. Murder, rape or sexual abuse of a minor;
2. Illicit trafficking of CDS;
3. Illicit trafficking of firearms, destructive devices and explosives;
4. Money laundering of more than $10,000;
5. Offenses involving firearms or explosives;
6. Crimes involving violence for which the term of imprisonment is at least one year;
7. A theft offense involving a term of imprisonment of at least one year;
8. A crime involving a demand for ransom;
9. A crime involving child pornography;
10. An offense relating to racketeering or gambling;
11. Owning, operating, managing or providing transportation for a prostitution enterprise;
12. Intelligence violations;
13. Fraud, deceit or tax evasion involving more than $10,000;
14. Smuggling;
15. Immigration violation following removal (e.g. reentry into the US);
16 False making, forgery, counterfeiting or altering a passport or other instrument for which the term of imprisonment is at least 12 months;
17. Failure to appear to serve a sentence of 5 years or more;
18. Bribery where the term of imprisonment is at least 1 year;
19. Obstruction of justice, perjury, or bribery of a witness for which the term of imprisonment is at least 1 year;
20. Failure to appear in conjunction with a felony charge for which a sentence of 2 years imprisonment or more may be imposed;
21. An attempt or conspiracy to commit any of the previously mentioned offenses.
Visa Holders & Other Individuals Who Are Not Permanent Residents.
In accordance with INA 238(b), a non-citizen who is not a permanent resident may be removed and deported by the US without a hearing upon a determination that they have been convicted of an aggravated felony. This process is customarily referred to as expedited removal proceedings or administrative removal.
Permanent Resident(s) & Green Card Holders.
Where an individual has legal status as a permanent resident, he or she cannot be deported on this basis absent a hearing. The removal process is quite involved and many defenses exist in this regard.
Our lawyers are available to assist you. If you would like to know more about an aggravated felony and its impact on your immigration status, an attorney is available now at 201-781-7800.
Please contact the Ibrahim Law Group to arrange for a consultation at 201-781-7800.