Criminal Defense of Immigrants

(C)  Mandatory Detention.  Some sentences are required to trigger mandatory immigration detention.  For example, a noncitizen is subject to mandatory detention if inadmissible on grounds of a conviction of a crime of moral turpitude.  See § 6.37, supra.  If the noncitizen qualifies for the petty offense exception, s/he is not inadmissible.  If the person is sentenced to six months or less in custody, s/he qualifies for the petty offense exception to inadmissibility for a crime of moral turpitude.  A sentence for such an offense in excess of six months, therefore, will disqualify the person from the benefits of the petty offense exception, and therefore make him or her inadmissible and subject to mandatory detention.  Similarly, for a person to be subject to mandatory detention on grounds of being deportable for one conviction of a crime of moral turpitude, a sentence of one year or more must be imposed for that conviction.  See § 6.37, supra.  Similarly, certain convictions constitute aggravated felonies only if a sentence of one year or more is imposed, and an aggravated felony conviction can trigger mandatory detention.  See § 6.37, supra.  In these cases, a sentence imposed of one year or more can trigger mandatory detention.  Even if there is room to debate whether the offense of conviction qualifies as a crime of moral turpitude or aggravated felony, the fact that the sentence triggers mandatory detention may cause such difficult and prolonged detention without possibility of bond that the respondent cannot continue in custody and agrees to be deported, waiving the meritorious objections.