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CRIMINAL LAW
CRIMINAL COURT
- Representation
in DISTRICT COURT and CIRCUIT COURT in Maryland.
The firm handles all variety of criminal cases.
The following crimes are analyzed from the immigration
context:
NOTE: Any
conviction has the potential to affect a
non-citizen's legal status in the United States.
For instance, many immigration benefits are
conditioned upon a favorable grant of discretion and
non-citizen's criminal record will ALWAYS weigh
negatively on that decision.
- Assault
- currently, a conviction for Maryland second degree
assault with a sentence (even if suspended) of one
year or more will result in mandatory immigration
detention and deportation.
- Controlled
Dangerous Substances (CDS)
- any
CDS conviction will most likely result in mandatory
immigration detention and deportation. The
only exception is a conviction for possession of
marijuana where the total amount of marijuana was
under 30 grams. Caution - possession of
paraphernalia is a deportable offense. Some
CDS convictions, such as convictions for the sale,
manufacture, distribution of CDS will be classified
as an "aggravated felony," from which there is no
immigration relief. Other CDS convictions,
typically convictions for simple possession, may
allow immigration relief, such as cancellation of
removal.
- Burglary
and robbery
- in the immigration context, burglary and robbery
can be classified as a crimes involving moral
turpitude. They can also be classified as an
"aggravated felonies" if the non-citizen is
sentenced (even if suspended) to one year or more of
incarceration. "Aggravated felonies" will
trigger mandatory immigration detention and
deportation without relief.
- Weapons charges,
domestic violence, child abuse
-
a conviction that involves a firearms, domestic
violence, or child abuse can result in deportation,
although immigration relief is available.
- Murder,
rape, sexual abuse of a minor
-
a conviction for murder, rape, or sexual abuse of a
minor will result in mandatory immigration detention
and deportation.
POST-CONVICTION
- In many cases, non-citizens plead guilty to offenses
that incur immigration consequences. When there is
no relief from deportation in the immigration court,
often the only remedy to to attempt to vacate the
conviction by means of a petition for post-conviction or
by filing a writ of coram nobis. If a defendant is
incarcerated, on parole or on probation for a
conviction, he or she can file a post-conviction
petition. Otherwise, a defendant can only file a
writ of coram nobis. The best advantage of a
petition for post-conviction is that the applicant is
guaranteed a hearing before a judge. The filing of
a writ for coram nobis has no such guarantee.
!!! ACTION ALERT
!!!
The Supreme
Court recently decided the case of Padilla v.
Kentucky. In that case, the Supreme Court
stated that every criminal defendant has the right to be
advised of the immigration consequences of a plea
agreement. In practical terms, this gives every
non-citizen who pled guilty to a crime an avenue to
attack his or her conviction. If you are going to
attempt to vacate your conviction, either by way of
post-conviction petition or a writ of coram nobis,
now is the time to do it.
!!! ACTION
ALERT !!!
IMMIGRATION LAW
For more
information, go to the firm's immigration law website at
: :
www.BeatDeportation.com |
