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Aggravated Felonies Have More Serious Consequences for US Immigrants than US Citizens

Penal Code 664/187(a) PC defines the California crime of attempted murder. This is where the perpetrator intends to kill someone and takes a direct step towards killing the person. But the intended victim does not die. Attempted murder is punished by up to life in state prison.

Attempted Murder is Not a Crime of Moral Turpitude for Immigration Purposes. However, if convicted it is considered a violent or aggravated felony.

A person convicted of a violent or aggravated felony who is Not a US Citizen and holds a US Green Card (Permanent Residency Card) will be placed in Immigration Jail Under Removal Procedures by ICE and after being in Jail; absence any other granted petitions will face deportation.

In some cases, cancellation of removal for a Green Card Holder may be an option but a conviction of aggravated felony would make that option unavailable. The Court Order of Temporary withholding of Removal under Convention Against Torture is another option where deportation can be stopped.

For someone with family members who are citizens, especially minor children, deportation may cause undue hardship. Community Ties to the US, hardship to a US citizen and asylum application supported by provable history of abuse and discrimination in homeland may also help to withhold the removal.

In general unless someone is a US Citizen, conviction of an aggravated felony would be a strong trigger of deportation procedures. And remember for Immigration purposes, a crime does not even need to be a felony based on penal code categorization to be considered an “Aggravated Felony” because US Immigration defines and determines its own list of aggravated felony.

All people must abide by the law. But Committing a crime would have severe consequences for a non US citizen. If you have been charged by a crime or believe you are in the process of being charged, do not take it lightly. Make sure you contact a lawyer who can guide you on the criminal and criminal immigration laws.

This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (Persian).
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