A person who has been legally admitted to the United States with permanent residency can still be deported under certain circumstances. There are crimes known as deportable criminal offenses, and if an individual is charged with one of these crimes, it is imperative that he or she seek help from an experienced criminal deportation defense attorney. An experienced criminal deportation defense attorney may be able to challenge the criminal charges and prevent deportation from the United States. Criminal deportation cases can be complex, which is why avoiding deportation is best avoided with a skilled criminal deportation attorney at your side.
Crimes of moral turpitude and aggravated felonies are deportable offenses. In addition, the following offenses could put an individual at risk for deportation:
Offenses relating to controlled substances
Crimes of domestic violence or stalking
High speed flight
Failing to register as a sex offender
Crimes of Moral Turpitude
The Board of Immigration Appeals defines a crime of moral turpitude as a criminal offense that is inherently evil, depraved, and goes against the accepted standards of morality. The intentions that motivate these crimes are thought to be malicious or vile and questions the moral character of the defendant. Crimes of moral turpitude can be felonies or misdemeanors.
Although there are many, here are some specific criminal offenses that are considered crimes of moral turpitude that warrant deportation:
Third and second degree forgery
First degree reckless endangerment
Fourth degree criminal possession of a weapon
Fifth degree possession of stolen property
Third degree robbery
Fourth degree sale of marijuana
Third degree stalking
Second degree menacing
First, second, and third degree assault
How to Prepare for a Deportation Defense
Although most individuals are familiar with deportation defense or deportation proceedings. Congress changed the immigration laws and eliminated the term known as deportation proceedings. If an individual is in the process of being deported in the United States, it is now know as removal proceedings. In addition, Congress did away with the Immigration and Naturalization Service (INS).
There are two immigration courts in New York City. One is located at 26 Federal Plaza, and the other immigration court is located at 201 Varick Street, which handles detained deportation cases. The United States Immigration and Customs Enforcement, which is known as ICE, is the agency that now handles deportation removal proceedings.
If you receive a notice to appear for a removal proceeding, you are known as the respondent. The removal proceedings will officially start when an individual is served a notice to appear in court. A notice to appear for removal proceedings will charge with respondent illegally being in the United States. In the notice to appear, there will be an explanation of how the respondent violated the Immigration and Nationality Act.
There are two variations of hearings in immigration court, which are known as master calendar hearings and individual hearings. A master calendar hearing typically doesn’t require testimony, and judges will sometimes schedule multiple cases for one hearing. In most situations, an immigration judge will receive cases on a first come, first serve basis. Most master calendar hearings will typically take about 15 minutes. However, it is advised to arrive early for a master calendar hearing to avoid having to wait for hours before your case is heard in front of the judge.
During a master calendar hearing, a criminal deportation defense attorney will take oral pleadings. Oral pleadings give the respondent an opportunity to provide an explanation of the allegations. There are times when the allegations and charges that were issued in a notice to appear can be challenged, which could lead to dismissal of the proceedings.
If a judge finds an individual’s charge warrants removal from the United States, an individual will need to apply for relief from removal. When an individual is ineligible for relief from removal, he or she will be deported. There are many forms of relief from removal that include:
Withholding of Removal
Adjustment of Status
Cancellation of Removal
Relief Under the Convention Against Torture
Relief pursuant to INA § 237(a)(1)(H)
Waivers of Inadmissibility Pursuant to INA §§ 212(c), 212(h), and 212(i)
Master calendar hearings also enable an individual to apply for relief from removal, submit any evidence that supports an application for relief from removal, and submit applications for relief of removal.
An individual hearing takes place when a judge hears only your case. Merits hearings are typically carried out at individual hearings. A merits hearing is when the court carries out a trial for application of relief. The testimony that is taken during an individual hearing will be used to determine if an individual should be deported or stay in the United States.
If you are facing criminal deportation charges, it is vital to seek a Queens criminal deportation lawyer with expertise in criminal defense and immigration laws. This will ensure that your rights are protected and yields the best chances of a successful outcome.
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