Los Angeles Immigration Defense Lawyer: Avoid Deportation & Protect Your Legal Status

Facing Deportation or Criminal Charges in Los Angeles? Speak with an Immigration Defense Attorney Today

A criminal charge or conviction can jeopardize your legal status in the U.S., leading to mandatory detention or deportation.

Because state criminal law directly intersects with federal immigration law (a complex area known as "crimmigration"), securing a defense attorney who understands how California convictions trigger federal immigration penalties is critical.

At Eisner Gorin LLP, we analyze your underlying charge, construct a tailored defense strategy to avoid deportable convictions, and safeguard your right to remain in the U.S. Call our office immediately at 818-781-1570 for a confidential consultation.

Inadmissibility vs. Deportability: How Federal Immigration Law Classifies Criminal Offenses

Federal immigration law separates criminal consequences into two primary categories under the Immigration and Nationality Act (INA): Inadmissibility and Deportability.

Inadmissibility (8 U.S.C. § 1182(a)): Grounds that prevent a non-citizen from lawfully entering or re-entering the U.S. This blocks green card applications, visa renewals, status adjustments, and citizenship processing.
Deportability (8 U.S.C. § 1227(a)): Grounds that subject a current visa holder, green card holder, or lawful resident to removal. This triggers deportation proceedings, even if the individual entered the U.S. legally.

Note: You can be found inadmissible or deportable without a formal conviction if immigration authorities determine you committed certain acts or if you admit to committing the essential elements of a disqualifying offense.

Key Criminal Offenses Leading to Deportation or Inadmissibility

1. Crimes Involving Moral Turpitude (CIMT)

The INA does not explicitly define "moral turpitude," but courts generally apply it to offenses involving fraud, dishonesty, or intent to harm. A single CIMT committed within five years of entry (or multiple CIMTs at any time) can trigger deportation or inadmissibility.

2. Aggravated Felonies (8 U.S.C. § 1227(a)(2)(A)(iii))

Aggravated felonies carry the harshest immigration penalties, virtually eliminating pathways to relief or asylum. These include:

Violent & Property Crimes: Murder, rape, sexual abuse of a minor, burglary, theft, and crimes of violence with sentences of one year or more.
Trafficking & Financial Offenses: Drug trafficking, illicit firearms trafficking, money laundering, fraud/deceit involving over $10,000, and racketeering.
Federal & Judicial Offenses: Obstruction of justice, perjury, passport fraud, failure to appear in court for felony charges, and attempt/conspiracy to commit any aggravated felony.

3. Controlled Substance & Firearms Offenses

Almost any state or federal conviction related to controlled substances (except simple possession of 30 grams or less of marijuana) creates grounds for removal. Unlawful possession, sale, or trafficking of firearms or destructive devices also leads to deportability.

4. Domestic Violence & Protective Order Violations

Under California law, charges such as Penal Code 273.5(a) PC (Corporal Injury to a Spouse or Cohabitant) define domestic violence as intentionally inflicting physical injury resulting in a traumatic condition. Federal immigration law specifically classifies domestic violence, stalking, child abuse/neglect, and protective order violations as deportable offenses.

Frequently Asked Questions

What is the difference between an aggravated felony and a Crime Involving Moral Turpitude (CIMT)?

An aggravated felony is a specific class of serious federal immigration offenses that almost always results in mandatory deportation without relief. A CIMT focuses on the fraudulent or base nature of the conduct; while serious, some CIMTs allow for legal waivers depending on sentence length and prior record.

Can a misdemeanor conviction cause deportation in California?

Yes. Under federal law, even a California misdemeanor—such as domestic violence, certain drug possession counts, or theft—can trigger deportation or inadmissibility depending on how the sentence is structured.

Can I be deported if I haven't been convicted of a crime?

Yes. Federal immigration authorities can make a finding of deportability or inadmissibility based on formal admissions to an offense or evidence that you engaged in drug trafficking or other disqualified activities, even without a formal criminal conviction.

Protect Your Rights: Contact Eisner Gorin LLP

If you are a non-U.S. citizen facing a police investigation or formal criminal charges in Southern California, early legal intervention is vital to avoid immigration consequences.

Contact Eisner Gorin LLP to speak with a Los Angeles criminal defense attorney who understands immigration defense.

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