Whether you are on a valid Visa or have a Pending Immigrant Visa ( Asylum, Family Related, Marriage Related, Extraordinary Abilities, Work-Sponsored Visas” you will be placed in Removal Procedure that means Deportation by ICE (the enforcement body of Immigration, Immigration and Customs Enforcement).
Dealing with ICE can happen through Immigration Court, under the Judgment of an Impartial Judge. However, there are Statutory limitations that may limit Judge's Discretionary Orders.
For Example if the detainee is an ARRIVING ALIEN, meaning he or she was admitted at any US port of entry , upon removal order, the Judge would not have discretionary power to set bonds or any other form of release upon the order of President Trump's attorney general.
Now, even if someone is Not an Arriving Alien, the ICE attorney can try to establish a case in front of the judge that the Alien is a danger to the society. In that case if Immigration Judge decides to do so and is convinced by the ICE argument, the request for release, release under monitoring (GPS), or release with bond, would be denied, meaning the detainee would remain in Jail.
What about if an alien (none US Citizen) commits a crime? In the immigration eyes, there are differences between a) Crimes and b) Crimes of Moral turpitude and c) Aggravated Felony ( Including Crimes of Violence).
Under Current rulings and the laws might change, a mere shoplifting case (Petty Theft) is NOT a trigger for an order of removal ( be placed in order), but it CAN very negatively affect the discretionary rulings on cases one might get from the United States Citizenship and Immigration Services ( Citizenship).
That is why, it's important to have a great attorney for both your criminal charges in Criminal Courts and your Immigration Consequences of the crime.
In Stokeling v. United States, the Supreme Court found that Florida robbery is a crime of violence under the ACCA, because the confrontation involved in “overcoming the resistance of the victim” in a robbery is inherently violent, even if the force used is minor.
The above United States Supreme Court Case may also be used by ICE: Some California Crimes maybe wrongly used. ICE may wrongly assert that some California offenses should be held crimes of violence, for example California Penal Code §§ 236/237 (felony false imprisonment) or § 243(d) (simple battery that results in injury).
Criminal Immigration Laws are complex and open to variety of the interpretation depending on the state statute, Federal Reliefs available and totality of circumstances.
If you are an immigrant and are facing potential criminal charges, you must contact a criminal immigration attorney along with criminal attorneys you consult with in your state to find a solution to preserve your immigration status or apply for new status that would keep you in the United States.
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) & Orange County Trial Lawyers' Association. Ramona Kennedy is fluent in English and Farsi (Persian).
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