What crimes can lead to my deportation in California? (8 U.S.C. 1227)

If you are a legal alien living in California, you may be at risk of being deported if you have committed a deportable offense. Only certain criminal convictions lead to deportation in the United States. According to 8 U.S.C. 1227(a)(2), you can be deported if you commit any of the following offenses:

(1)    An aggravated felony;

(2)    A drug crime;

(3)    A crime of moral turpitude;

(4)    A crime involving a firearm; or

(5)    A domestic violence crime.

Below is a brief description of each of these crimes as described in 8 U.S.C. 1227(a)(2).

Aggravated Felonies

According to 8 U.S.C. 1227, if you are convicted of any aggravated felony, you may be deported. 8 U.S.C. 1101(a)(43) provides a complete list of aggravated felonies that can lead to deportation. Aggravated felonies include, but are not limited to:

(1)    Murder, rape, or sexual abuse of a minor;

(2)    Trafficking of a controlled substance;

(3)    Trafficking of firearms or destructive devices;

(4)    A crime of violence for which the term of imprisonment is at least one year;

(5)    Child pornography offenses; and

(6)    Prostitution offenses.

An experienced attorney can assist you to navigate the difficult language of the United States Code. If you are a legal immigrant who has been accused of any felony, it is important that you contact an experienced attorney to assist you through the legal process.

Drug Crimes

Under 8 U.S.C. 1227, you can be deported if you have been convicted of violating any law or regulation that relates to controlled substances. In addition, if you are a drug abuser or addict, you may also be deported.

There is one exception to this rule. If you are convicted of a single offense involving possession of 30 grams or less of marijuana that you intended for your own use, you may not be deported under 8 U.S.C. 1227.

Crimes of Moral Turpitude 

In order for you to be deported after committing a crime of moral turpitude, the following must be true:

(1)    You committed the offense within five years of your date of admission into the United States (if you are a lawful permanent resident the crime must have been committed within 10 years); and

(2)    You were convicted of a crime that has a sentence of one year or longer.

Crimes of moral turpitude can include many different offenses. Some examples of crimes of moral turpitude include:

(1)    Kidnapping;

(2)    Rape;

(3)    Voluntary manslaughter;

(4)    Perjury; and

(5)    The use of a false statement to get a driver’s license or passport.

Your attorney can assist you to explore your options if you have been charged with a crime of moral turpitude and may be facing deportation.

Firearm Crimes

Under 8 U.S.C. 1227, you can be deported for a firearm offense. You can be deported if you are convicted for violating any law that makes it illegal to purchase, sell, exchange, possess, carry, or otherwise use a firearm.

Domestic Violence Crimes

You may also be deported for a domestic violence conviction or for violating a protective order that has been put in place against you. Domestic violence refers to any crime of violence committed against:

(1)    A current or former spouse;

(2)    A person you share a child with;

(3)    A family member;

(4)    A roommate; or

(5)    A person you are in a romantic relationship with.

In addition, you may also be deported for other convictions that are related to domestic violence, including stalking another individual or abuse, neglect, or abandonment of a child.

Other Crimes that Lead to Deportation

In addition to the above listed crimes, other criminal convictions may also lead to your deportation. These crimes include failure to register as a sex offender, drug trafficking, and engaging in high speed flight from an immigration check point.

For more information about what crimes can lead to your deportation and what legal steps you can take, it is important that you contact an experienced attorney to help you.

This guest post is provided by Wallin & Klarich: A Law Corporation, criminal defense attorneys in Southern California.

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