Immigration Law, Deportation and Criminal Convictions
If you are in the United States of America as a documented individual without citizenship, also known as a foreign national, you face deportation if you are convicted of a crime in Florida that violates “moral turpitude” or is listed in the Federal Statues as a deportable crime. Since the early 1900’s when German, Polish, Russian and other Eastern European immigrants came ashore to America, through Ellis Island and other ports of entry, the Federal Courts have been sending the convicted immigrants back to their home country for criminal convictions. The foreign nationals who have been found guilty or have pled guilty of committing a criminal act that falls under the test of “moral turpitude” have long faced deportation out of the United States.
Judge Learned Hand, a New York Federal Judge who wrote many opinions that are philosophical in nature, penned the decision in U.S. v, UHL, 107 F. 2d. 399. The decision in UHL, has long been used, even to this day, by practicing criminal immigration defense lawyers to determine, advise and inform their non-citizen clients regarding the effects of a criminal conviction on their immigration status.
The decision to deport a foreign national falls within the powers of the Federal Government. However, a criminal conviction in Florida State Court that either violates moral turpitude or is enumerated under Federal Statute will quickly move the immigrant through the deportation process and place them into removal status from the United States of America.
Determining what crimes will send the foreign national through the removal process is provided through the powers of Congress, as interrupted through the Federal Courts. The most common listed offenses that are seen by Florida criminal defense lawyers that cause deportation of foreign nationals are:
(1) Aggravated felony convictions (see INA Sec. 101(a) (43) with 35 offenses and categories listed within).
(2) Controlled substance convictions.
(3) Firearm convictions.
(4) Domestic violence, stalking, child abuse convictions.
(5) Theft and Fraud Convictions.
The above listed crimes and criminal acts are not the only crimes, which may get a foreign national removed from the United States, but they are the most common. To determine the exclusive list of crimes and other acts that may result in the foreign national being deported, requires an office conference with a practicing criminal defense immigration attorney, where in the office the foreign national can discuss the specific issues he or she is facing regarding a criminal episode and deportation.
Determining whether a crime is against moral turpitude that will or will not send the foreign national through the removal process is best answered through the advice of an experienced lawyer. Whether it is a single criminal act or multiple criminal offenses, you must seek the advice of an experienced attorney to determine if the offense committed violates moral turpitude which may lead to deportation.
The areas of law regarding violations of moral turpitude are malleable and must be properly framed through the experience of a lawyer. Whether or not a foreign national should plead guilty to a lesser included offense or proceeds to trail out of necessity on an overcharged indictment or information, can only be determined through the experience of a criminal defense lawyer, who also also has experience in immigration law.
West Palm Beach criminal attorney Andrew D. Stine has been helping foreign nationals with their criminal problems and immigration issues for over a decade. Palm Beach Attorney Andrew D. Stine strongly believes in the principle of immigration law that requires the question of whether the crime at issue “necessarily involves moral turpitude” to be answered in the affirmative, before removal of the foreign national takes place. Determining what the defendant is actually guilty of and what the facts actually show are two very different distinctions that must be closely evaluated. Florida Criminal defense lawyer Andrew D. Stine does not believe that “minimal conduct” is enough to commit a criminal act in Florida or is violative enough for a foreign national to be removed from the United States of America. So, if you or loved one have been arrested or are accused of a crime, contact West Palm Beach criminal lawyer Andrew D. Stine. Hire Stine or Do the Time.