Deportation due to Criminal Convictions

Deportation due to criminal convictions: what triggers it—and how to fight back

Certain convictions can make a noncitizen deportable or inadmissible, affect bond, and block future immigration benefits. However, the outcome depends on the exact statute, record of conviction, and your immigration history. We analyze the law with a categorical approach and build the safest defense available.

Common grounds of removability (high level)

Aggravated felonies (a federal immigration term): e.g., drug trafficking, some thefts with ≥1-year sentence, crimes of violence with ≥1-year sentence, fraud with >$10k loss.
Crimes involving moral turpitude (CIMTs): certain theft, fraud, or assault statutes (timing and number matter).
Controlled-substance offenses (narrow exception for a single simple-possession of 30g or less of marijuana).
Firearms offenses, domestic-violence/ stalking / protection-order violations, and child abuse categories.
Multiple convictions or crime-based inadmissibility at the border or during adjustment.

First moves if ICE charges you

Get the charging paper (NTA) and the police/court file for each case.
Do not plead to anything new without Padilla-aware immigration advice.
Ask about bond and custody options; some crimes restrict release.
Preserve relief: asylum, withholding, CAT, cancellation of removal, waivers, or adjustment where eligible.

Relief & defenses that can still win

Cancellation of removal (LPR & non-LPR)
Meets residence/physical-presence rules, good moral character, and no disqualifying crimes; therefore, we audit statutory bars early.

Waivers & exceptions

§212(h) for some CIMTs and older possession of marijuana <30g.
§237(a)(1)(H) misrepresentation waiver in certain adjustment cases.
212(c) legacy relief if you pled before April 1, 1997 and qualify.
Fraud/misrep (I-601/I-601A) in consular pathways when available.

Protection claims
Asylum, withholding, or CAT if returning would mean persecution or torture—even with some criminal history (rules vary).

Post-conviction relief (PCR)
If a conviction was unconstitutional or defective (e.g., Padilla error), a true legal vacatur can erase removability. However, sentence-only changes or rehabilitative expungements often don’t help—so we tailor the PCR ask.

How we evaluate the conviction (the “record of conviction”)

We read the exact statute, charging doc, plea/ verdict, judgment/sentence, and any transcripts.
Using the categorical and modified categorical approaches, we check if the minimum conduct under the statute necessarily matches a deportation ground.
As a result, many cases defend against overbroad or divisible statutes.

Immigration-safe criminal strategy (for pending charges)

Negotiate to non-removable elements, shorter sentence exposure (<365 days), or different subsections.
Keep the factual basis narrow; avoid harmful stipulations.
Align probation terms and timing with immigration court strategy.

Evidence & documents checklist (bring to your consult)

All court papers: complaints, minute orders, plea forms, judgments, probation terms
Police reports and transcripts (if any)
Immigration file: I-94s, visas, approvals, prior orders/NTAs
Family & hardship evidence: medical/school/financial proof for cancellation/waivers
Country-conditions reports if protection is in play

FAQs

Is any felony automatically an “aggravated felony”?
No. It’s a term of art. We compare your statute and sentence to the INA’s list.

Can expungement fix my immigration problem?
Usually not—unless it’s a legal vacatur for a substantive or procedural defect. We target the right PCR.

Do I qualify for bond?
Maybe. However, certain drug/firearms/agg-felony cases limit release. We assess bond or Joseph hearings.

Will travel or applying for citizenship expose me?
It can. Therefore, we screen criminal history before any filing or trip.

How we help

First, we collect the full record of conviction and map removability. Next, we build relief (cancellation, waivers, protection) and coordinate post-conviction options. Then, we defend you in immigration court and negotiate immigration-safe outcomes. Finally, we handle appeals and clean up records for future benefits.

Facing deportation due to criminal convictions? Schedule a consultation or call (562) 495-0554.

Disclaimer: General information, not legal advice. Outcomes turn on the exact statute, sentence, and your immigration history.

Deportation due to Criminal Convictions

(1) The date of an alien’s plea agreement, Rather than the date of sentencing, Is controlling in determining whether the alien is eligible for a waiver under former section 212(c)of the Immigration and Nationality Act, 8 U.S.C. § 1182(c) (1994).
(2) The decision of the United States Court of Appeals for the Ninth Circuit in Abebe v. Mukasey, 554 F.3d 1203 (9th Cir. 2009), Does not invalidate 8 C.F.R. § 1212.3 (2009), so as to preclude an alien who seeks to waive a deportation ground from establishing eligibility for section 212(c) relief.