Crimes that Cause Deportation in the United States

When an immigrant commits a serious deportable offense, the likelihood of being deported to their country of origin significantly increases. This is especially true for deportation crimes in the United States, which can result in the deportation of even Green Card holders or permanent residents if they have a history of multiple criminal offenses. We will discuss the types of offenses that can lead to deportation, the legal rights immigrants have under a deportation order, and how having proper legal representation can be crucial to dealing with these cases.

Crimes That Can Cause Deportation in the United States

It is essential to understand that not all crimes result in deportation, but there are certain offenses considered serious that, under immigration laws, can trigger a removal process. According to the Department of State, crimes involving moral turpitude and aggravated felonies are the most common reasons an immigrant can be deported. Below are the most frequent types of offenses that can lead to deportation:

1. Crimes of Moral Turpitude

A crime of moral turpitude refers to acts that are inherently evil or immoral. These offenses are evaluated by immigration authorities to determine if the immigrant’s character poses a risk to American society. Examples include:

• Theft and Robbery: Involving taking someone else’s property with the intent not to return it.
• Domestic Violence: Physical assault or abuse towards a spouse or partner.
• Voluntary Manslaughter: Intentionally killing another person.

2. Aggravated Felonies

Aggravated felonies are more severe offenses that can not only lead to deportation but also make the immigrant inadmissible, meaning they cannot return to the United States under any circumstances. Examples include:

• Drug or Firearm Trafficking: Selling, distributing, or transporting illegal substances or weapons.
• Sexual Abuse of a Minor: Any inappropriate sexual act with a child.
• Money Laundering: Acts related to laundering money to conceal its illegal origin.
• Tax Evasion of $10,000 or More: Failing to report or pay significant taxes owed.
• Aggravated DUI: Driving under the influence of alcohol or drugs, causing harm or endangering lives.

3. Multiple Offenses

Committing multiple offenses, even if minor, can also result in deportation. The accumulation of minor crimes may be seen by authorities as a pattern of behavior that poses a risk to the community.

Legal Rights under a Deportation Order

Receiving a deportation order does not necessarily mean that deportation is imminent. Immigrants have legal rights and can appeal the deportation order. It is crucial that they understand these rights and act quickly to protect their status in the country.

1. Legal Defense against Deportation

When receiving a deportation order, it is vital to seek the appropriate legal defense as soon as possible. An immigration attorney can help determine the available options to avoid deportation. Depending on the case circumstances, a Motion to Reopen Deportation Case can be filed, appealing the decision if it can be shown that there was an error or new evidence that was not considered.

2. Right to a Hearing

The immigrant has the right to a hearing before an immigration judge where evidence and arguments can be presented in defense of the case. It is essential to have adequate legal representation during this hearing to ensure all the immigrant’s rights are respected.

3. Appealing a Deportation Order in the United States

If the immigration judge issues a deportation order, the immigrant has the right to appeal the decision before the Board of Immigration Appeals (BIA). The appeal must be filed within 30 days of the deportation order being issued. During this time, deportation is generally suspended until a decision on the appeal is made.

Urgent Legal Defense against Deportation

In some cases, deportation may be expedited, especially if it involves a serious crime. In these cases, it is crucial to have urgent legal defense against deportation. An experienced attorney can act quickly to file a motion or appeal the deportation order, which could stop the process and allow the immigrant to remain in the United States while the case is reviewed.

1. Deportation Defense for Criminals

Immigrants facing criminal charges that could lead to deportation should immediately seek the assistance of an attorney specializing in criminal defense and immigration. Many times, an attorney can negotiate with the prosecution to reduce the charges to a lesser offense that does not result in deportation, or they can argue that the evidence presented is insufficient to justify deportation.

2. Legal Representation in Deportation Cases

Having the right legal representation can be the difference between being deported and remaining in the United States. An immigration attorney can help immigrants understand their rights, prepare a solid defense, and represent them at all stages of the deportation process.

Average Duration of the Deportation Process

Generally, the deportation process for a person who has committed a crime can last from a few months to several years. Here is a breakdown of the estimated times for each stage of the process:

Detention and Initial Hearing

• Estimated Time: 1 to 3 months
• Description: After detention, the individual will generally face an initial hearing to determine their eligibility to remain in the country while their case is resolved. This hearing can take a few months to approximately three months, depending on the court’s workload and case complexity.

Removal Hearing and Decision

• Estimated Time: 6 to 12 months
• Description: The removal hearing, where evidence is reviewed and arguments are heard, can last between six months and a year. The exact duration depends on the case’s complexity, the type of crime committed, and the time required for the immigration judge’s review.

Appeals Process (if applicable)

• Estimated Time: 6 to 18 months
• Description: If the individual appeals the decision, the process may extend for another six months to a year and a half. The appeal’s duration depends on the appeals court’s workload and the case’s complexity.

Conclusion

Facing possible removal from the country due to Deportation Crimes in the United States is a frightening situation that can have devastating consequences for you and your family. However, having the support of an experienced immigration attorney in Dallas can make a big difference in the outcome of your case. If you or a loved one are facing criminal charges or have received a deportation order, it is crucial to act quickly to protect your future.

Don’t wait any longer! Contact our immigration attorneys in Dallas today to schedule an appointment and begin working on your legal defense against deportation. Our attorneys have the experience and knowledge necessary to help you stay in the United States.