Immigration Consequences of State Criminal Convictions

Citation
Title:
Immigration Consequences of State Criminal Convictions
Author:
Year: 
2010
Publication: 
Arkansas Law Notes
Volume: 
2010
Issue: 
Start Page: 
149
End Page: 
Publisher: 
Language: 
English
URL: 
Select license: 
Select License
DOI: 
PMID: 
ISSN: 
Abstract:

A criminal defense attorney must analyze whether a client’s alleged violation of state law puts the client in jeopardy of removal from the United States. The analysis requires comparing the language of the state statute allegedly violated with the relevant federal statute. Two common categories of crimes warranting removal under the Immigration and Nationality Act (“INA”) are §§ 212(a)(2) Crimes Involving Moral Turpitude and 237(a)(2) Aggravated Felonies. This article provides guidance on determining whether a violation of state law will jeopardize a client’s ability to avoid deportation, and outlines the process using examples of common Arkansas convictions that fall into categories under INA. The process involves looking at statutory language, and if necessary looking at the individual case’s unique facts. It is important that criminal defense attorneys are familiar with the interaction between violations of state law and INA so non-citizen clients can be warned about the potential immigration consequences of certain convictions.

Comments
  • Recommend Us