Criminal Immigration Defense
Crimmigration is a term that defined the interaction between criminal and immigration laws. Federal laws regulate the rights of non-citizens to enter and remain in the United States. Immigrants that are found in violation of immigration law are subject to forcible removal from the country. One of the most common immigration violations is to be convicted of certain crimes.
The definition of “crime of moral turpitude (“CIMT”) is very broad and vague. Generally speaking, a criminal statute involves moral turpitude if it involves “reprehensible conduct” committed with some form of “scienter”—that is, with a culpable mental state, such as specific intent, deliberateness, willfulness, or recklessness.
In the context of crimmigration, the term “aggravated felony” refers to a large category of criminal offenses that involve violence, fraud, possession of weapons or controlled substance, and most sexual offenses. A conviction to an aggravated felony carries the most severe consequences for any non-citizen. Even some minor crimes may come in for harsh treatment by the immigration system if they match the description of aggravated felony.
Aggravated felonies are described by 8 USC § 1101(a)(43), and include serious offenses such as:
- Sexual abuse of a minor;
- Drug trafficking;
- Firearms trafficking;
- Money laundering;
- Fraud or tax evasion;
- Theft or violent crime with a sentence order of one year or more.
If you are a non-citizen and have been charged with a criminal offense, you need to speak to an attorney with experience in criminal immigration matters. Most criminal cases are resolved with a guilty plea, but negotiating a plea agreement that avoids (or minimizes) immigration consequences is crucial for your future in this country.
A serious conviction can render a lawful permanent resident deportable even after a lifetime spent in the United States. An undocumented immigrant convicted of a crime of moral turpitude or a crime related to a controlled substance might never get a Green Card even through marriage to a U.S. citizen.
I am here to help you: call me at 212-566-3572
I am admitted to practice in New York and New Jersey, included the Federal Court of Appeals for the First, Second, Third and Eleventh Circuit. I am also admitted to the U.S. Supreme Court.
I have experience with complex criminal immigration, deportation and waiver cases, including immigration and Federal appeals. I have handled:
- Cases involving convictions for aggravated felonies;
- Cases involving convictions for controlled dangerous substances;
- Cases involving marriage fraud and dual citizenship;
- Motions to vacate a criminal judgment under New York CPL § 440.10;
- Habeas Corpus petitions;
- Coram Nobis petitions;
- BIA appeals;
- AAO Appeals;
- Federal Appeals, including petitions for review.
In a recent case, I successfully argued that a conviction for “Conspiracy to violate Narcotics Laws” under N.J.S.A. § 2C:5-2 is NOT a crime “related to a controlled substance”. Read the Court opinion.
In another case, I filed a 440.10 motion to vacate a marijuana conviction and was then able to convince the State prosecutor to enter into a joint stipulation. Read the Court order.
If you retain me as your litigation attorney, I will do anything possible for you to win your deportation case and remain in the United States.
I have handled dozens of criminal cases, both in State and Federal Court, including cases involving:
- Passport fraud;
- Illegal reentry;
- Aggravated assault;
- Unlawful possession of a weapon;
- Computer intrusion;
- Computer fraud;
- Wire Fraud;
- Money Laundering;
- Attempted murder.
In a recent high profile case, I obtained a NOT GUILTY verdict on all felony charges for a client accused of setting up and running a botnet of 140,000 computers around the world.
For a free initial consultation on your criminal immigration case, please send me a message or call me at 212-566-3572.