Preventing Deportation by Overturning Criminal Convictions
The U.S. Immigration and Customs Enforcement may arrest a legal permanent resident and charge them with deportation due to the conviction of a felony or misdemeanor offense. In Padilla v. Kentucky, the United States Supreme Court held that a criminal defense lawyer must advise their non-citizen client that his or her guilty plea carries a risk of deportation. Unfortunately, despite this common sense rule, some criminal defense lawyers fail to adequately assess their client’s immigration status, resulting in deportation proceedings for very minor criminal offenses.
While the federal government has claimed that it only targets non-citizens who pose a threat to national security, often it is immigrants with families, children, and petty theft offenses who are deported. Deportation often comes after they have served their sentence and paid their debt to society, and even if they are in the country legally. Attorneys who understand the deportation consequences of a particular criminal offense may be able to plea bargain creatively with the prosecutor in order to craft a conviction and sentence that reduce the likelihood of deportation, as by avoiding a conviction for an offense that automatically triggers removal.
At Garrison Law, we help immigrants through powerful post-conviction strategies that may help to avoid the harsh consequence of deportation. If you or a loved one are facing removal as a result of a felony or misdemeanor conviction, and you would like to explore your post-conviction options, please contact us today.
An Overview of Our Appellate Practice
We have overturned dozens of wrongful convictions on behalf of immigrants facing deportation, including:
- Cancelling deportation through a 6.500 Motion
- Cancelling deportation by reopening the criminal conviction and establishing actual innocence
- Cancelling deportation by withdrawing a guilty plea due to a defect in the plea proceedings
- Cancelling deportation for a violation of Padilla v. Kentucky
- Cancelling deportation through the retroactive application of the Medical Marijuana Act
If you need to appeal or reopen your criminal case, please call us today. We're here to help.