UPDATED MAY 21, 2005

Chapman Law Firm wins victory in U.S. Court of Appeals case.

In an unpublished decision the Chapman Law Firm has successfully challenged a Board of Immigration Appeals decision in the U.S. Court of Appeals for the Ninth Circuit.  The case has been reversed and remanded to the Immigration Court.  For further details see the firm newsletter item on this decision.

ASSISTANCE TO CRIMINAL DEFENSE COUNSEL!

The Chapman Law Firm works with your local counsel to provide research and opinions on the immigration implications of criminal charges and convictions.  The research is provided directly to your local criminal defense counsel in the form of written opinions.  Immigration law is a complex web of interacting statutes and regulations.  Criminal lawyers should not be expected to know everything, and that is where our firm can help.  For assistance please email dchapman@americanlibertylaw.com.

REMOVAL (DEPORTATION)

In 1996, Congress changed the terminology for what were two separate proceedings, namely deportation and exclusion.  Deportation was designed to expel those individuals the United States did not want here, and exclusion was designed to keep those individuals out of the United States that the nation did not want here.  There are various statutory factors that can lead to removal (deportation) or inadmissibility (exclusion), and they are stated at separate sections of the law.  However, the proceedings are now combined into one proceeding called a "removal" proceeding.

The grounds for deportation are stated at 8 U.S.C. §1227.  As you can see there are many things that can lead to an individual being deportable from the United States.  As you will notice from 8 U.S.C. §1227 (a)(2) there are many instances where a criminal conviction will lead to removal.  A conviction for immigration purposes is defined at 8 U.S.C. §1101 (a)(48).  That statutory section was later interpreted by the Board of Immigration Appeals in the case of In re Roldan which is effective law in all U.S. jurisdictions except those areas of the country within the jurisdiction of the United States Court of Appeals for the Ninth Circuit, which overruled In re Roldan with respect to people within that jurisdiction in the case of Lujan-Armendariz v. INS. In those instances where there have been encounters with law enforcement or the court system, an individual should consult with an attorney to determine whether they are deportable.  

Among the many reasons that a person can be found deportable are crimes involving moral turpitude, aggravated felonies, crimes of domestic violence, drug crimes, and firearms offenses.  There are also other removal consequences in section 237.  One should consult an attorney with questions.

Whether you are a criminal lawyer with a client charged with a criminal offense, who is not a citizen, or if you are the noncitizen who is yourself charged with a criminal offense, the number one way to avoid deportation is to avoid becoming deportable to begin with.  Before entering a plea, going to trial, or deciding what motions to file, you should consult with an immigration attorney versed in the issues surrounding deportation for criminal offenses.  No defense to deportation in the Immigration Court can be as valuable as a well structured criminal case that is designed first and foremost to avoid placing the individual in the category of those noncitizens who are deportable.  Strategy in the criminal case must go hand in hand with strategy in the immigration case.  The Law Offices of David J. Chapman stand prepared to assist you in addressing your criminal case, or in defending your deportation case.

INADMISSIBILITY AND REMOVAL

When a person first arrives in the United States they are greeted at the Port of Entry by and officer of the Immigration and Naturalization Service ("INS").  The INS officer asks the individual certain questions that are geared specifically toward examining the individual's ability to be allowed into the United States.  The process of questioning the individual is called "inspection".  At the conclusion of the inspection the INS officer makes a decision concerning whether or not to allow the individual into the United States.  The INS officer considers only whether the person is "admissible" to the United States based on his or her answers to the officer's questions.  In drawing a conclusion, the INS officer considers certain factors of "inadmissibility" that are contained at section 212 of the Immigration and Nationality Act.

There are many reasons that a person could be found inadmissible to the United States.  Some, but not all of the many reasons to be found inadmissible are the presence of of certain diseases, conviction of various criminal offenses, the possibility the person will become a public charge (i.e dependent upon the American social welfare system), prostitution, terrorist activity, and previous immigration violations.

For some factors of inadmissibility there are "waivers" available that will allow the individual into the United States despite the presence of the inadmissibility factor (i.e. certain minor criminal offenses).  For other factors of inadmissibility there are no waivers available (i.e. false claims to United States citizenship).

Some situations act as a permanent bar to admission (i.e. false claims to United States citizenship) and others merely act as a time bar to admission (i.e. certain 3 and 10 year bars to admission based on past unlawful presence in the United States).

Each situation is different and whether you have an inadmissibility problem or not should be discussed with your immigration lawyer.  If there is a problem then the attorney can best advise you concerning whether or not you are eligible for a waiver, and if not, how long you will be required to remain outside the United States prior to admission.