Criminal Defense of Immigrants


§ 19.97 A. General Immigration Consequences

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A finding of deportability as an aggravated felon bars almost all forms of relief from deportation, and may bar relief from inadmissibility and naturalization as well.[1160]  A noncitizen removed as an aggravated felon is also permanently barred from coming back to the United States to live.[1161]  An aggravated felon who illegally re-enters the United States may be imprisoned for up to 20 years upon prosecution for illegal re-entry.[1162]  Non-lawful permanent residents with aggravated felony convictions are subject to expedited administrative removal by the DHS directly, without ever appearing before an immigration judge.[1163]  Aggravated felons released from criminal custody after October 9, 1998, are subject to mandatory detention under INA § 236(c)(1)(B).[1164]  Conviction of an aggravated felony may also bar judicial review of an adverse decision by the Board of Immigration Appeals.[1165]


                However, because an aggravated felony conviction does not trigger inadmissibility, an aggravated felony will not bar admission to the United States or adjustment of status, unless the conviction falls within some other ground of inadmissibility.[1166] 


[1160] See § 19.98, infra.

[1161] INA § 212(a)(9)(A)(i), 8 U.S.C. § 1182(a)(9)(A)(i).

[1162] INA § 276(b)(2), 8 U.S.C. § 1326(b)(2).  See § 19.22, supra.

[1163] See § 15.22, infra.

[1164] See § 15.21, supra.

[1165] See § § 15.36-15.37, supra.

[1166] See § § 18.11-18.27, supra.