Immigration consequences
Padilla v. Kentucky has made it incumbent that criminal defense attorneys know immigration laws or otherwise be found to have provided ineffective assistance of counsel, though it has long been the rule that criminal defense attorneys must advise their clients of immigration consequences.
Direct effects on the criminal case
People v. Arce (2017) 11 Cal.App.4th 613.
Aggravated felonies
Removability
Grounds of removability only apply to non-citizens who are already legally admitted to the United States. If they have not been legally admitted, they are removable at any time without having to prove a ground of removability. That is why it is important for undocumented immigrants to avoid grounds of inadmissibility; so they can legally be admitted.
The government has the burden of proof of proving removability. Often this means that a vague record of conviction will help the immigrant.
- Inadmissible
- Conviction of one crime involving moral turpitude punishable by a year or more committed within five years of admission
- Two convictions of crimes involving moral turpitude, regardless of date or sentence
- Conviction of an aggravated felony
- Conviction for a controlled substance offense (as defined in 21 U.S.C. 802) other than possession of less than 30 grams of marijuana
- Conviction for domestic violence or violating domestic violence protective order
Inadmissibility
- Crime of moral turpitude
- Controlled substance offense
- 2 or more offenses