GROUNDS FOR DEPORTATION:
Illegal/undocumented aliens who are in the US w/o legal
status are generally subject to removal status simply based upon their being in the US w/o the permission of the ICE.
All
aliens, illegal and legal permanent residents, better known as aliens with “green cards,” are also subject to
removal proceedings if convicted of certain crimes.
Under the Immigration & Nationality Act, deportable
criminal convictions fall into a few different categories, and each category can have its own separate requirements depending
upon an alien’s status. The categories of criminal offenses are grouped under the following headings:
AGGRAVATED FELONIES:
Convictions falling under the definition of the term “Aggravated
Felon,” – crimes in this category include murder, rape, sexual abuse of a minor, trafficking in firearms, drug
trafficking, money laundering, crimes of violence where sentence is a year or more, theft offense where sentence is a year
or more, fraud type offense where loss to victim(s) exceeds $10K, offenses involving kidnapping/ransom, child pornography,
racketeering, prostitution as it relates to owning, controlling, managing etc, peonage, slavery, involuntary servitude, crimes
against government i.e. treason, sabotage, national security issues etc, alien smuggling, visa/passport fraud felony, bail
jumping if sentence to be served exceeded 5 years or pending charge for crime, if convicted, could result in a 2 year sentence,
commercial bribery, counterfeiting, forgery if term of imprisonment is at least 1 year, obstruction of justice, perjury, bribery
of witness if term of imprisonment is at least 1 year, or any attempt or conspiracy to commit any of the aforementioned crimes.
CONTROLLED SUBSTANCES CONVICTIONS:
Includes any conviction, felony, misdemeanor, violation for possession and/or sale, only exception
would be if alien had only one simple possession of marijuana conviction where amount was less than 30 grams.
FIREARMS VIOLATIONS:
Includes
any conviction, felony, or misdemeanor, involving possession of a firearm or destructive device.
CRIMES INVOLVING MORAL TURPITUDE:
The most commonly accepted definition
of a crime involving moral turpitude is an a ct of baseness, vileness or depravity in the private and social duties which
a man owes to his fellow men or to society in general, contrary to the accepted and customary rule of right and duty between
man and man. Includes crimes against persons, crimes against property, sex crimes, and crimes against the authority of government.