Immigration, ICE, Deportation,
Immigration and Criminal Defense
Criminal Convictions, Immigration, ICE, and Deportation
In Memoriam: Aug 4, 1952 – Oct 20, 2011 (Age 59) Judge Clifton died a little more than a year after giving this now highly useful seminar and presentation. Terry Clifton Christian was born the son of a coal miner in Welch, West Virginia on August 4, 1952. One of Terry’s signature accomplishments was the honor of being appointed as a Federal Immigration Judge by the Attorney General of the United States in 2003.
Questions about the Immigration Consequences of Criminal Conduct? Call Me Toll Free 1-877-793-9290.
The topics include:
Definition of a Criminal Conviction
Criminal Conduct Incurring Immigration Consequences
A. Crimes Involving Moral Turpitude
B. Crimes of Violence
C. Drugs and Trafficking Crimes
D. Aggravated Felonies
E. Other Crimes and Criminal Conduct Proscribed in the INA
Consequences of Criminal Convictions and Criminal Behavior
Motion to Vacate See Padilla v. Kentucky, Case No. 08-651, S.Ct., Argued October 13, 2009-Decided March 31, 2010.)
Order of Vacatur
Complete Document is a Free Download Here.
Special Thanks to guest contributor Terry Christian.
|Deportation of Cuban Nationals
Deportation of Cuban Nationals From the United States remains an open question for Federal Criminal Defense Attorneys in United States District Courts. One source says, “At this point we do not know how/when the normalization will impact the U.S.’s ability to deport Cuban individuals. At any rate, those who are in lawful status and not subject to any grounds of deportation (i.e. those who entered, obtained lawful permanent resident status, and do not have crimes that make them deportable) do not need to worry. The main impact will be on those who either fell out of status and can’t fix their status now (for example, those who were paroled in and then never applied for lawful permanent resident status, and who are not eligible for LPR status due to crimes) and those who already have deportation orders but were released from ICE custody on ICE orders of supervision because they could not be physically deported.”
UPDATE – Deportation of Cuban Nationals
“The notice includes a warning:
If you do not appear at a hearing,
you may be ordered deported in your absence.”
|Sample Notice of Hearing
There is at least one case where the deportation proceedings of a Cuban national was reset to 2019, almost four years after the initial notice from the Immigration Court. A sample Notice of Hearing is included in this article. The notice includes a warning that “If you do not appear at a hearing, you may be ordered deported in your absence.”
Furthermore the source advises, “At this point, I think it’s important to advise Cuban clients that deportation may be a reality soon and that they should be careful to avoid criminal activity and pleading to offenses that will bring them to ICE’s attention/subject them to criminal grounds of deportation. Basically, after years of not having to face full immigration consequences (physical deportation) of criminal convictions, they will now have to seriously consider those consequences.”
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