Los Angeles Criminal Law Blog


How does a criminal conviction affect my Immigration Status? What if I was convicted many years ago, and only now the INS has informed me that I am subject to deportation?

Posted on: July 23, 2007 at 8:55 a.m.

Criminal convictions may cause direct and grave consequences to someone's immigration status. The INS guidelines are very detailed and complex, and the Criminal Law Blog frequently confers with immigration law specialists to properly advise its clients. Before any plea-bargaining is done, the Law Blog discusses with clients their immigration status. Often the Law Blog will seek charges that are not considered by the INS as moral turpitude offenses (ie. subject to deportation), and to convert any possible custody time to community service work.

In Los Angeles, the L.A. County Sheriff's Department responsible for running the jails verifies immigration status upon receiving an inmate. As a result, as soon as an inmate is in custody (even if charges are later dismissed), an "immigration hold" may be placed subjecting him or her to deportation proceedings. As a result, the inmate may be deported from the United States after the INS picks the inmate up from Sheriff's custody. The saddest part is that the inmate may be innocent of all charges, and still be deported because his immigration status is questionable.

Deportation is preventable. If a defendant has financial resources, it is important to bail out immediately after an arrest. In Los Angeles County, a defendant is tranferred into Sheriff's custody from the arresting agency's jail within 48 hours of arrest, which is typically right after the arraignment. Subsequently, a criminal disposition may be reached in court without jail time. An immigration hold in Sheriff's jail is avoided, as the accused is out on bail and his immigration status is typically not checked within the court system.

Another issue frequently encountered with Immigration and Criminal Court: An old conviction has raises a red flag with the INS, causing the agency to start deporation proceedings 10-15 years later, against someone who has led a trouble-free life for many years, working, raising a family, and being an overall model citizen. The Criminal Law Blog's Attorneys have represented numerous clients in this situation. There are numerous legal mechanisms to vacate a prior conviction, including using a "Writ of Corum Nobis". The typical argument to attack the conviction focuses on explaining to the court why the client was not properly advised of immigration consequences at the time of the plea, many years earlier. Another option is to attempt to re-negotiate the old charges with the prosecutor's office, to seek an agreement that the crime of moral turpitude dismissed, and substitute in its place an offense that is more innocuous in the eyes of the INS.

Los Angeles Criminal Lawyers must examine immigration consequences of every plea deal, before advising a client to take it.

Tagged as: california criminal laws, immigration consequences

Comments:

Anete Swenson on September 26, 2010 at 12:46 p.m. wrote:

Pretty interesting place you've got here. Thanx for it. I like such themes and everything connected to this matter. I would like to read more soon. Anete Swenson


Hilary Benedict on September 21, 2010 at 2:31 p.m. wrote:

It is very interesting for me to read this blog. Thanks for it. I like such themes and anything connected to this matter. I definitely want to read more on that blog soon. Hilary Benedict


Debt Relief on April 24, 2010 at 7 a.m. wrote:

Sorry for my bad english. Thank you so much for your good post. Your post helped me in my college assignment, If you can provide me more details please email me.


WP Themes on March 14, 2010 at 12:25 p.m. wrote:

Good dispatch and this mail helped me alot in my college assignement. Thanks you as your information.


ReavapawRic on December 13, 2009 at 9:24 a.m. wrote:

hey, devoted blog here. normally i don't boost pretend comments or shore on these sites but i could demand that you got some au fait people on this blog. I'm also into the furor or music upset so this is uncommon for me. because of a crowd dark prevent up the decorous work.









Eisner Gorin LLP has been recognized as one of the best U.S. law firms, based on the experience, professionalism, and ethics of its criminal defense lawyers and attorneys. We aggressively defend clients in all Southern California courtrooms on state and federal charges, including DUI, DMV, misdemeanor, felony, juvenile cases, in the following communities and courthouses.

Los Angeles County, CA: Agoura, Altadena, Alhambra, Bellflower, Beverly Hills, Burbank, Calabasas, Century City, Chatsworth, Compton, Culver City, Diamond Bar, Downey, Downtown Criminal Court, El Segundo, East Los Angeles, Eastlake, Encino, El Monte, Glendale, Glendora, Hermosa Beach, Hidden Hills, Hollywood, Huntington Park, Inglewood, Los Angeles Lawyer, La Canada, LAX Court, Los Padrinos, Long Beach, Los Angeles Attorney, Malibu, Manhattan Beach, Marina Del Rey, Newhall, Norwalk, Palos Verdes, Pasadena, Pomona, Rancho Palos Verdes, Redondo Beach, Rolling Hills, San Dimas, San Fernando, San Marino, San Pedro, Santa Clarita, Sherman Oaks, Sierra Madre, Santa Monica, South Gate, South Pasadena, Sylmar, Torrance, Universal City, Valencia, Van Nuys, West Covina, West Hollywood, Walnut, Westchester, West Hollywood, Westlake Village, Whittier, Woodland Hills, California. Orange County, CA: Anaheim, Anaheim Hills, Buena Park, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine Attorney, Laguna Beach, Laguna Hills, Laguna Niguel, La Habra, La Palma, Mission Viejo, Newport Beach, Orange, Orange County Lawyer, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Tustin, Villa Park, Westminster, Yorba Linda, California. Ventura County, CA: Camarillo, Moorpark, Oxnard, San Buenaventura, Simi Valley, Thousand Oaks, Westlake Village. San Bernardino County, CA: Ontario, Rancho Cucamonga, Upland.

Call Today! Free Immediate Response.  (818) 781-1570 / Available 24/7

Confidential
Consultations
877-781-1570

Clients' Ratings 10/10 Superb Recognition


Rated Top 2.5% Law Firm in California


Our firm has the Highest Rating ("A.V. Preeminent") from Martindale-Hubbell, a national lawyers' review company, for professionalism, ethics, and competence.

peer review



Certified Specialist Criminal Law and Defense, State Bar of California Legal Specialization

legal specialization

Firm partners provide legal commentary on national television and radio. The firm has also litigated a number of high-profile criminal defense matters which have been covered by the media.



Criminal Defense Court Victories - Part 1

Additional Defense Court Victories - Part 2

Additional Defense Court Victories - Part 3

LA DUI Defense Court Victories

Linkedin Professional Proflle
View DMITRY GORIN's profile on LinkedIn



Firm Fan Page & News




Our Criminal Defense Partners



Alan Eisner



Dmitry Gorin


Prior Criminal Law Posts

  • arrest warrant (2)
  • arson pc 451 (1)
  • assault (1)
  • bail and release (5)
  • bench warrants (4)
  • california criminal laws (48)
  • child pornography pc 311_11 (11)
  • counterfeit goods pc 350 (14)
  • domestic violence pc 273_5 (7)
  • driving under the influence of alcohol (DUI) (1)
  • drug addiction and treatment (2)
  • drug crimes defense (23)
  • dui drunk driving defense vc 23152 (4)
  • faq (20)
  • federal law and defense (25)
  • firearms crimes (None)
  • gang allegations (8)
  • high profile defense (8)
  • immigration consequences (12)
  • internet crimes defense (4)
  • jury trial defense (34)
  • juvenile crime (1)
  • juvenile law (5)
  • los angeles child pornography defense attorney (3)
  • los angeles criminal defense attorney (23)
  • los angeles drug crimes defense attorney (4)
  • los angeles drug laws (1)
  • los angeles drug offense (1)
  • los angeles embezzlement (2)
  • los angeles federal crime defense lawyer (1)
  • los angeles marijuana laws (1)
  • los angeles medical fraud defense attorney (1)
  • los angeles medical marijuana attorney (3)
  • los angeles medical marijuana dispensary (1)
  • los angeles murder defense (1)
  • los angeles paparazzi law (1)
  • los angeles police brutality defense (1)
  • los angeles sex crime defense attorney (9)
  • los angeles violent crime defense attorney (6)
  • los angeles warrant (1)
  • los angeles white collar defense attorney (3)
  • medical marijuana (1)
  • medicinal marijuana laws (2)
  • motion to dismiss unlawful police search (12)
  • police misconduct (3)
  • pornography (1)
  • probation and sentencing laws (11)
  • resisting arrest pc 148 (2)
  • riverside kidnapping defense attorney (1)
  • san fernando violent crime defense lawyer (1)
  • sex crime accusations (37)
  • sex crimes (3)
  • theft (16)
  • three strikes laws (6)
  • untagged (2)
  • vandalism pc 594 (5)
  • violent crimes defense (24)
  • white collar crime fraud theft laws (22)



  • Local Courthouse Specialist: Specializing in Van Nuys, San Fernando, Sylmar Juvenile, and all other valley courtrooms.Email