Criminal Defense of Immigrants


§ 17.2 II. Immigration Considerations

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The following is a general overview of the immigration considerations relating to the crime-related grounds of deportation.  This overview is primarily intended to benefit criminal defense counsel and others who are unfamiliar with this area of immigration law.  As always, experienced immigration counsel should be consulted to determine whether, and to what extent, a client’s criminal issues will affect their immigration status.  The key considerations discussed below are:


(a)     Whether a noncitizen is subject to the grounds of inadmissibility or the grounds of deportation,

(b)     What constitutes an “admission” to the United States,

(c)     The burden of proof placed on noncitizens facing charges of deportability,

(d)     What forms of immigration relief are available to avoid removal based upon a finding of deportability, and

(e)     Relevant non-crime related grounds of inadmissibility.