Immigration Consequences from Criminal Convictions - DUI Drunk Driving Charges

Posted on: October 21, 2008 at 4:24 p.m.

The immigration consequences resulting from a conviction is a frequent issue considered by defense attorneys in Los Angeles Criminal Courts. The conventional wisdom is that criminal defendants who are not citizens may face deportation if convicted for a criminal offense, felony or misdemeanor. However deportation is not automatic, nor predictable. The reality is that the more serious the criminal offense, and greater the number of prior convictions, then the greater the likelihood that INS will begin deportation proceedings in immigration court. Sometimes however even a less serious criminal conviction leads to deportation, such a Driving Under the Influence offense (California Vehicle Code Section 23152(a)) -- which is quite atypical.

A recent Court of Appeal decision addressed this issue, holding that the U.S. Attorney General may decide by adjudication that a non-citizen's individual crime was

Tagged as: california criminal laws, immigration consequences, violent crimes defense

Comments:

Alok Jethanandani (COMM. 174) on October 21, 2008 at 10:54 p.m. wrote:

Asylum should only be granted if the immigrant (legal or illegal) has had a history of persecution in his country of origin. Similarly, withholding of removal can be granted if the immigrant has a high probability of being persecuted in his country of origin in the case that he/she is deported. Illegal immigrants who have been caught driving drunk or driving without a license, should be deported because they are being a nuisance to the community (in addition to residing illegally in the country). However, the immigrant should receive the option to apply for asylum or withholding of removal if he / she has had a history of persecution in their country of origin or have a high probability of persecution if they are sent back. It would be wrong to send an illegal immigrant back to his/her home country to be persecuted on the grounds of a misdemeanor or a minor crime like drunk driving / driving without a license. However, if the crime is more serious and would require jail time for life / capital punishment then I would have no regret sending that immigrant back to their home country for persecution. It would not be worth the taxpayer money to support an illegal immigrant and a criminal in jail for life / death row.

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Immigration Consequences from Criminal Convictions - DUI Drunk Driving Charges

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