Criminal Defense of Immigrants

Generally, any offense “related to”[257] a controlled substance will be considered a controlled substances offense for removal purposes.[258]  Any controlled substances offense that involves trafficking or is punishable under the Federal Controlled Substances Act and is a felony[259] may be considered an aggravated felony.[260]  Any offense that involves trafficking will give the DHS “reason to believe,”[261] and any controlled substances offense involving an intent to commit most acts short of possession for personal use may be considered a crime of moral turpitude.[262]

                Counsel should make an independent analysis of the statute of conviction, the record of conviction, and the existing case law to determine whether any given offense will trigger removal and under what ground.[263]

[257] See § 16.36, supra, for discussion of “related to” language.

[258] See § § 21.4-21.5, 21.13, supra.

[259] See § 21.39, infra.

[260] See § § 19.55, supra, 21.12, supra.

[261] See § 21.6, supra.

[262] See § § 21.8-21.9, 21.14, supra.

[263] See Chapter 16, supra.