WhatsApp & Phone (949) 677-0063

Blog

The effects of “Conviction v. Admission” In Immigration Proceedings

Posted by Ramona Kennedy | Mar 08, 2020 | 0 Comments

When a crime is charged, and respondent is not convicted, it may cause him to be inadmissible when he admits the essential elements of the crime.

This inadmissibility happens under 8 U.S.C. § 1182(a)(2)(A)(i) (ground of inadmissibility for any alien who is convicted of or admits committing the essential acts of a crime involving moral turpitude).

However conviction of certain crimes causes a Green Card Holder, a Valid Visa Holder, or a Permanent Resident, to be removable from United States under 8 U.S.C. § 1227(a)(2)(A)(i) (ground of deportability for an alien convicted of a crime involving moral turpitude).

Use of Controlled Substance may also be grounds to be used to bar an applicant's entry like when applicant was determined inadmissible because he used marijuana in Philippines which was violation of a foreign state rules pertaining controlled substance. 8 U.S.C. § 1182(a)(2)(A)(i)(II); Pazcoguin v. Radcliffe, 292 F.3d 1209, 1218 (9th Cir. 2002)

But What is a Conviction? A conviction happens when a court or a jury finds the alien guilty; whether a formal judgment has been entered or the alien has entered some form of plea (even nolo contendere or any form of admission to find guilt) or some form of penalty, punishment or restraint has been imposed upon alien. Reyes v. Lynch, 834 F.3d 1104, 1107 (9th Cir. 2016)

Nolo contendere means when a person charged in a criminal prosecution admits to be convicted by pleading guilty but does not admit guilt.

The laws here are very fact sensitive and at times appear unfair to an immigrant. For Example It has been decided that the underlying offense be labeled a crime as long as the proceedings are ‘criminal in nature. '” Diaz-Quirazco, 931 F.3d at 835, 843–46 ; violation of protection order is enough grounds to remove an alien.

Or, when a juvenile is tried as an adult under state laws, he can be removable under immigration laws; Vargas-Hernandez v. Gonzales, 497 F.3d 919, 927 (9th Cir. 2007). and Rangel-Zuazo v. Holder, 678 F.3d 967, 968–69 (9th Cir. 2012).

Immigration cases are complex and very different each time facts change. The best way to ensure your best interest is to consult with a knowledgeable lawyer, who passionately cares about your situation.

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).

#bestlawyerusa Email: [email protected] Phones: +19496770063 & +13106230080 Telegram & WhatsApp: 1949677006

Website: www.bestlawyerusa.com www.topsuperlawyer.com Immigration Law Blog in English: www.kennedylawblog.wordpress.com Immigration Law Blog in Farsi: www.kennedylawblog1.wordpress.com Business Law Blog in English: www.kennedylawblog2.wordpress.com

Office Locations: Los Angeles (Westwood) Location -Oppenheimer tower 10880 Wilshire Blvd, Suite 1101 Los Angeles CA 90024 Phone: 13106230080 Orange County Locations: Irvine: -7700 Irvine Center Dr. Suite 800, Irvine, CA 92618 Newport Beach: -5000 Birch St, Suite 3000 Newport Beach CA 92660 Phone: 19496770063

About the Author

Ramona Kennedy

Attorney Ramona Kennedy is a Compassionate attorney who cares and will fight for you A vivid reader, attorney Kennedy was inspired by her father who passionately attributed to her academic & personal growth. Her Father was a very kind, highly intelligent, disciplined & dedicated family man in un...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

Ramona Kennedy Law Offices (Kennedy Law L.C.) is committed to answering your questions about Immigration, Criminal Defense, Personal Injury, and Business Law issues in California.

We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu