Criminal Defense of Immigrants

 

More than twenty of the 52 different grounds of deportation are triggered by a specified criminal conviction.  If there is no conviction, as defined under immigration law,[136] these deportation grounds cannot be established and a noncitizen cannot be removed under any of these conviction-based grounds of deportation.  While some of these grounds relate to general crimes, others specifically related to convictions for immigration violations and convictions relating to national security.  See Appendix D, infra.

 

                The following grounds of deportation all depend on the existence of a criminal conviction entered by a court with jurisdiction to do so.  The first chart is organized into three categories: convictions triggering criminal grounds of deportation, convictions triggering immigration grounds of deportation, and convictions triggering security grounds of deportation.  The next chart contains all conviction-based grounds of deportation and is organized alphabetically. 

 

Chart 1:

Conviction-Based Grounds of Deportation

by Nature of the Ground

 

                NOTE: The conviction-based grounds of deportation are listed here organized into criminal, immigration, and security grounds and alphabetically within each category.  The balance of the total of 52 grounds of deportation are omitted from this list since they do not require a conviction to trigger them, but may be found in Appendix D, which contains the complete list of all grounds of deportation.

 

Criminal Grounds

Aggravated felony conviction. Appendix D, [1]

Crime of moral turpitude – one conviction. Appendix D, [2]

Crime of moral turpitude – multiple convictions. Appendix D, [3]

Controlled substances conviction. Appendix D, [5]

Domestic violence/stalking/child abuse convictions. Appendix D, [6]

Firearms or destructive device conviction. Appendix D, [9]

Sex offender registration convictions.  Appendix D, [10].

 

Immigration Grounds

Border crossing conviction. Appendix D, [11]

Fraud – registration document fraud conviction. Appendix D, [16]

Fraud – visa fraud conviction. Appendix D, [17]

High speed flight from immigration checkpoint conviction. Appendix D, [18]

Smuggling – importation for immoral purpose conviction. Appendix D, [21]

 

Security Grounds

Espionage conviction. Appendix D, [32]

Foreign Agent Registration Act conviction. Appendix D, [34]

Foreign espionage trainee registration conviction. Appendix D, [35]

Neutrality law conviction. Appendix D, [40]

Sabotage conviction. Appendix D, [45]

Selective Service conviction. Appendix D, [46]

Threats against the President and successors conviction. Appendix D, [49]

Trading with the enemy conviction. Appendix D, [51]

Treason or sedition conviction. Appendix D, [52]

 

Chart 2:

Conviction-Based Grounds of Deportation

in Alphabetical Order

 

                NOTE: All of the conviction-based grounds of deportation are listed here in alphabetical order.  The balance of the total of 52 grounds of deportation are omitted from this list since they do not require a conviction to trigger them, but may be found in Appendix D, which contains the complete list of grounds of deportation.

 

Aggravated felony convictions. Appendix D, [1]

Border crossing conviction. Appendix D, [11]

Controlled substances conviction. Appendix D, [5]

Crime of moral turpitude convictions. Appendix D, [2] (one-conviction ground); [3] (multiple-conviction ground).

Domestic violence/stalking/child abuse convictions. Appendix D, [6]

Espionage conviction. Appendix D, [32]

Firearms or destructive device conviction. Appendix D, [9]

Foreign Agent Registration Act conviction. Appendix D, [34]

Foreign espionage trainee registration conviction. Appendix D, [35]

High speed flight from immigration checkpoint conviction. Appendix D, [18]

Importation of noncitizen for immoral purpose conviction. Appendix D, [21]

Neutrality law conviction. Appendix D, [40]

Registration document fraud conviction. Appendix D, [16]

Sabotage conviction. Appendix D, [45]

Selective Service conviction. Appendix D, [46]

Sex offender registration conviction.  Appendix D, [10].

Threats against the President and successors conviction. Appendix D, [49]

Trading with the enemy conviction. Appendix D, [51]

Treason or sedition conviction. Appendix D, [52]

Visa fraud conviction. Appendix D, [17]

[136] INA § 101(a)(48)(A), 8 U.S.C. § 1101(a)(48)(A).