overview of immigration consequences of state court criminal ...

DRAFTQQKnown or reasonably believed to have engaged intrafficking in a controlled substance.QQComing to the U.S. to engage in prostitution or havingengaged in prostitution in the 10 years prior to applicationfor admission, with exception that one act of solicitingprostitution for oneself does not preclude admissibility.QQKnown or reasonably believed to have engaged intrafficking in persons.QQKnown or reasonably believed to have engaged in moneylaundering.QQKnown or reasonably believed to have engaged in or cometo the U.S. to engage in terrorist activity.QQKnown or reasonably believed to have engaged in orcome to the U.S. to engage in various acts of espionage,treason, or sedition.QQIllegal voting.Note: Conviction of an aggravated felony is not automaticgrounds for inadmissibility.There is a petty offense exception for crime involving moralturpitude.QQOne conviction of a crime involving moral turpitude witha maximum sentence of one year or less and actualsentence of six months or less does not make an alieninadmissible.QQThe court looks to actual sentence imposed, not thepossible sentence.QQIf the imposition of the sentence is suspended, thesentence is not “imposed”, but if the execution of thesentence is suspended, the sentence is considered“imposed”.WHAT IS A CONVICTION?For the purposes of Federal immigration law, the term “conviction”means one of the following, arising from a criminal proceedingwith appropriate constitutional protections and required proofbeyond a reasonable doubt:QQA formal judgment of guilt of the alien entered by a court, orQQIf adjudication of guilt has been withheld, where (1) a judgeor jury has found the alien guilty or the alien has entered aplea of guilty or nolo contendere or admitted sufficient factsto warrant a finding of guilt, and (2) the judge has orderedsome form of punishment, penalty, or restraint on thealien’s liberty to be imposed.The following are examples of convictions.QQExpungement does not erase the conviction forimmigration purposes.QQA presidential or gubernatorial pardon can eliminatedeportability for conviction of a crime involving moralturpitude or aggravated felony.QQDeferred prosecution if there is an admission of factssupporting a finding of guilt and some form of punishmentor restraint on liberty is imposed by the judge.QQDeferred adjudication if the defendant enters a plea ofguilty or nolo contendere or admits facts sufficient tosupport a finding of guilt, and some form of punishment orrestraint on liberty is imposed by the judge (this is commonfor drug courts).QQA suspended sentence.QQA conviction vacated solely to alleviate immigrationconsequences. (A conviction vacated for legal insufficiencyis not a conviction for immigration purposes.)A juvenile delinquency determination is not considered an adultcriminal conviction.AGGRAVATED FELONYConviction of an aggravated felony includes conviction ofthe crime itself, conviction of attempt to commit the crime, orconviction of conspiracy to commit the crime. The followingcrimes are specifically identified as aggravated felonies byFederal immigration law:QQMurder;QQRape;QQSexual abuse of a minor, including indecent exposure to achild and statutory rape. It can include offenses classifiedas misdemeanors under state law;QQCrime of violence, as defined in Federal law, with asentence of one year or more;QQTheft or burglary with a sentence of one year or more;QQDrug trafficking;QQSale, possession for sale, or manufacture of a controlledsubstance;QQTrafficking in firearms;QQTrafficking in persons;QQDealing in stolen explosive materials;QQDemand for or receipt of ransom;