Criminal Defense of Immigrants

Chapter

§17.1 I. Summary for Criminal Defense Attorneys
§17.2 II. Immigration Considerations
§17.3 A. Inadmissibility vs. Deportability
§17.4 B. Who is Subject to Grounds of Deportability
§17.5 C. Admission to the United States
§17.6 1. Returning LPRs Seeking Admission
§17.7 2. Adjustment as Admission
§17.8 3. Date of Admission
§17.9 D. Burdens of Proof
§17.10 E. Eligibility for Relief
§17.11 F. Relevant Non-Crime Related Grounds
§17.12 III. Crime-Related Grounds of Deportation
§17.13 A. Conviction-Based Criminal Grounds
§17.14 1. Aggravated Felony Conviction
§17.15 2. Single Crime Involving Moral Turpitude Conviction
§17.16 3. 2 or More Crimes Involving Moral Turpitude Convictions
§17.17 4. Controlled Substance Conviction
§17.18 5. Domestic Violence Conviction
§17.19 6. Failure to Register as a Sex Offender Conviction
§17.20 7. Firearm/Destructive Device Conviction
§17.21 B. Visa Fraud Conviction
§17.22 C. Importation for Immoral Purpose Conviction
§17.23 D. Conduct-Based Criminal Grounds
§17.24 1. Controlled Substance Abuser or Addict
§17.25 2. Domestic Violence Protection Order Violation
§17.26 3. Export Violation
§17.27 4. Document Fraud
§17.28 5. False Claim to U.S. Citizenship
§17.29 6. Alien Smuggling
§17.30 E. Other Crime-Related Grounds

§ 17.29 (F)

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(F) Effective Date. Prior to November 29, 1990, this deportation ground required that the smuggling had to be committed “for gain.” The Immigration Act of 1990, however, eliminated that requirement and left the ground in its present form.