Post-Conviction Relief for Immigrants

(F)  Grounds of Deportability.  Immigration law defines a number of crime-related grounds of deportation.  The conviction-based grounds include convictions of:

(a)    crimes involving moral turpitude;

(b)   aggravated felony offenses;

(c)    high speed flight from an immigration checkpoint;

(d)   offenses relating to a controlled substance listed on the federal schedules;

(e)    offenses involving firearms;

(f)     domestic violence offenses, stalking offenses, and child abuse, neglect, and abandonment offenses; and

(g)    miscellaneous security-related offenses, such as espionage, Selective Service violations, and sabotage.[28]

If a particular conviction fits within the immigration-law definition of one of these categories of deportable offenses, the noncitizen is deportable unless there is some form of relief from deportation available to him or her in immigration court.

[28] This miscellaneous category includes, in addition to those offenses listed, failure to register as an alien, conviction for falsification of documents, under INA § 237(a)(3), other security grounds such as Nazi activities, genocide, under INA § 237(a)(4), and unlawful voting, under INA § 237(a)(6).  For a comprehensive list of grounds of deportation, see N. Tooby, Criminal Defense of Immigrants, Appendix E (2003).