Post Conviction Relief in Removal Cases

Sometimes, criminal attorneys, no matter how experienced, have little knowledge of the immigration consequences of a criminal conviction for an immigrant.  Especially those who are in the United States lawfully.

Most of the time does not make sense that a misdemeanor conviction could result in the permanent deportation of a non-national.  Other times, a sentenced of probation and no days in jail also will carry serious consequences to non-nationals.

Under the law, a person who was not advise of the clear immigration consequences of a plea to a criminal charge, may be able to go back to that Court and undo his plea. This means, that person could go back and start his case from the begging.  There are few requirements for a Court to reopen a case.  these include the date of the plea, the advise of counsel, and the understanding of the immigrant of his rights.

We have successfully represented clients in this situation.  for more information visit our notable cases.







The New Age of Marijuana Legalization and Ground of Inadmissibility

Would an Immigrant who purchased marijuana in Washington or Colorado be subject to grounds of inadmissibility even though buying Marijuana in those states is lawful?

Although recreational use of marijuana in Washington State and Colorado is lawful, a person who admits to buying, possessing or selling marijuana before an immigration officer is subject to detention and grounds of inadmissibility.

Section 212(a)(2)(A)(ii) makes inadmissible to the United States any person who admits having committed acts with constitute the essential elements of a violation of any law or regulation of the United States relating to controlled substance.  Thus, since federal law prohibits the sale and purchase of marijuana, any immigrant who buys or sales marijuana, although lawfully done in the state, it will still be unlawful under federal law.

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