Criminal Defense of Immigrants

First time simple possession will, in most cases, be considered a controlled substances offense, triggering deportation and inadmissibility.  A first simple possession conviction will usually not qualify as an aggravated felony.  Simple possession is not a crime of moral turpitude, and will not give the DHS “reason to believe” a noncitizen is a drug trafficker.  It may be sufficient to show drug abuse or addiction.  An expungement will work to avoid immigration consequences only if the expungement occurred under the Federal First Offender Act, or the noncitizen is in the Ninth Circuit.