Criminal Defense of Immigrants

Even where there is no conviction, a noncitizen can be found inadmissible on the basis of criminal activity if s/he “admits having committed, or who admits committing acts which constitute the essential elements of” a crime of moral turpitude, or a controlled substances offense.[51]  However, there are very strict rules concerning what constitutes an “admission.”  There are also limits on when an admission may be used to trigger inadmissibility, especially where the offense resulted in an official criminal disposition.

[51] INA § 212(a)(2)(A)(i), 8 U.S.C. § 1182(a)(2)(A)(i).  See Legal Opinion § 95-4, Excludability under “Zero Tolerance Program’’ of U.S. Customs Service, No. HQ 235-P (January 20, 1995) (“admission” rules apply to both moral turpitude and controlled substances offenses).