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:
- 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.