Criminal Defense Issues
Immigration Consequences for Criminal Charges - Assistance for Criminal Defense Attorneys
The criminal conduct of noncitizens (asylees, refugees, nonimmigrants,
undocumented immigrants, and lawful permanent residents, i.e. green card
holders) may result in harsh immigration consequences. These consequences
include: being refused admission upon their return to the United States,
placement into secondary inspection upon their return to the United States,
mandatory detention by the immigration authorities with no bond, placement into
removal proceedings, ineligibility for relief during removal proceedings, and
ultimately removal (deportation) from the United States, with the potential of
being permanently barred from returning to the United States. We believe it is
critical that any noncitizen facing criminal charges consider these potential
consequences at the earliest stages of their criminal proceedings, especially
prior to entering a plea.
Thousands of foreign nationals, to include permanent residents, are deported
from the United States because of criminal conduct or criminal convictions.
During FY2015, 59% of the 235,413 foreign nationals deported from the United
States, were convicted criminals. Although the criminal conduct at issue may
have occurred many years ago and may be considered minor, the immigration laws
allow for the noncitizen defendant to be placed in removal proceedings, and to
be removed from the United States.
The immigration attorneys in our Michigan office are available to assist both
noncitizen defendants facing criminal charges and criminal law attorneys
regarding the potential immigration consequences of criminal charges. We may
assist in devising legal strategies for noncitizens to protect their immigration
status and/or prevent their removal from the United States. If you have already
been convicted of a crime, you may still be able to protect your immigration
status, and prevent your removal from the United States.
On March 31, 2010, the United States Supreme Court decided Padilla v.
Kentucky, 559 U.S. 356 (2010), an important case for noncitizens with criminal
issues. The Supreme Court held that the Sixth Amendment requires criminal
defense counsel to advise a noncitizen defendant regarding the immigration
consequences of a guilty plea, and, absent such advice, a noncitizen may raise a
claim of ineffective assistance of counsel. “Our longstanding Sixth Amendment
precedents, the seriousness of deportation as a consequence of a criminal plea,
and the concomitant impact of deportation on families living lawfully in this
country demand no less.” Padilla, 559 U.S. at 374. As a result, criminal defense
attorneys now have the affirmative obligation to determine their clients’
immigration status and to explain the immigration consequences of various plea
and sentencing alternatives.
As the Court noted, removal (deportation) is a severe consequence that can
destroy families and lives, not unlike imprisonment. Immigration advice by a
criminal attorney during criminal proceedings is essential for noncitizens
because the outcome of criminal proceedings may trigger immigration
consequences. Waiting for immigration advice after a conviction may
unnecessarily result in removal, a severe second sentence.
The full text of the opinion is available online at: http://www.supremecourt.gov/opinions/09pdf/08-651.pdf
Please contact our office for a consultation to discuss your issues and options.
The Law Firm of Antone, Casagrande & Adwers, P.C. helps individuals and businesses worldwide with all of their US immigration needs including employment visas, obtaining green cards for business and corporate employees and family members, visas for doctors, nurses, therapists, and other health care workers, together with waivers for physicians under J visa training program, labor certifications (PERM), national interest waivers, marriage-based adjustments and green cards, fiancee visas, family immigration preferences, students, naturalization and citizenship, including medical waivers, asylum, deportation, hardship waivers, voluntary departure and removal. We serve clients in southeast Michigan including the Detroit Metro area, Ann Arbor, and Lansing. With offices in Farmington Hills, MI, we are close to Southfield, Troy, West Bloomfield, Birmingham, Novi, Rochester and Auburn Hills in Oakland County; Canton, Plymouth, Dearborn, and Detroit in Wayne County; Warren, Sterling Heights, and Mount Clemens in Macomb County; Brighton and Howell in Livingston County; Lansing in Ingham County; City of Monroe in Monroe County, Ann Arbor in Washtenaw County; Grand Rapids in Kent County; Battle Creek in Calhoun County; Kalamazoo in Kalamazoo County; Benton Harbor in Berrien County; Holland in Ottawa County; Flint in Genesee County; Ludington in Mason County; Muskegon in Muskegon County; and Traverse City in Grand Traverse County, Michigan. Although many of our clients are located in the tri-county area of Wayne, Oakland and Macomb, we also serve clients in many cities and states in the U.S. including Cleveland, Toledo and Cincinnati, Ohio; Chicago, Illinois; Milwaukee and Green Bay, Wisconsin; Indianapolis, Indiana; Buffalo, New York; Los Angeles, San Francisco and San Diego, California; Phoenix and Tucson, Arizona; Dallas, Houston, El Paso and Galveston, Texas; Miami, Florida; Washington D.C.; Virginia, Minnesota, Pittsburgh and Philadelphia, Pennsylvania, and many others. In addition to the United States, we also serve Canadian nationals from numerous provinces in Canada, including Toronto and Windsor in Ontario; Montreal in Quebec; Halifax in Nova Scotia; and Vancouver, British Columbia. We also serve cities and countries such as London, England; Scotland and other countries of the United Kingdom (U.K.); Mexico, Paris, France; Frankfurt and Berlin, Germany; Tokyo, Japan; India; Brazil; Rome, Italy; Shanghai and Beijing, China; Belgium; the Philippines, and many other countries in Europe, Asia and South America.