Criminal Deportation Grounds

Certain crimes will or may result in the deportation of a noncitizen who already has lawful admission status, such as a lawful permanent resident green card holder or a refugee. This results in the need for deportation defense. Some of the crimes that may cause deportation include, but are not limited to:

  • Conviction of a Controlled Substance Offense, EXCEPT, when the conviction is for a single offense of simple possession of 30 grams or less of marijuana.
    • It is important to note, that in Texas the criminal courts use ounces. 2 ounces of marijuana is more than 30 grams of marijuana.
  • Crimes of Moral Turpitude:
    • Anyone convicted of a crime of moral turpitude within 5 years after date of admission, and is convicted of a crime for which a sentence or one year or longer may be imposed, is deportable.
    • Anyone who is convicted of two or more crimes of moral turpitude
  • Conviction of a Firearm or Destructive Device Offense
  • Conviction of a Crime of Domestic Violence, Crime Against Children, Stalking, or a Violation of a Protection Order (both civil or criminal)
  • Conviction of an Aggravated Felony (which includes some misdemeanors) includes but is not limited to:
    • Murder
    • Rape
    • Sexual Abuse of a Minor
    • Drug trafficking
    • Firearm Trafficking
    • Crime of Violence and at least a 1 year prison sentence
    • Theft or Burglary and at least 1 year prison sentence
    • Fraud or tax evasion with a loss of more than $10,000 to the victims
    • Prostitution business offenses
    • Commercial bribery, counterfeiting, or forgery and at least a 1 year prison sentence.
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