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What offenses can result in an order of deportation?

There are many offenses that can result in an judicial order of deportation. There are specific requirements involving these offenses that must be met before such an order can be requested.

The following offenses can result in an immigrant's deportation from the United States:

Crime of moral turpitude

This is "a nebulous concept" according to administrative case law. Offenses such as murder, kidnapping, voluntary manslaughter, aggravated assault and robber involve moral turpitude.

However, not every assault involves moral turpitude. For example, an assault that does not involve evil intent or a dangerous weapon is not considered moral turpitude. Other offenses, such as being an accessory, the attempt of being an accessory or conspiracy are only considered moral turpitude if the underlying charges involve moral turpitude. Finally, any offense which has an element of intent to defraud is considered an offense involving moral turpitude.

The offenses must have been committed within five years of entering the U.S. and he or she must have been sentenced to one year or more.

Multiple criminal convictions

Any immigrant who is convicted of two or more moral turpitude offenses that arose from more than one incident anytime after he or she entered the country is considered deportable.

Aggravated felony

Any immigrant convicted of an aggravated felony is deportable. These crimes include murder, trafficking in a controlled substance, money laundering, child pornography, operating a business related to prostitution, treason and fraud involving loss to the victim of more than $200,000.

As you can see, it's important to develop a strong defense if you have been charged with one of the offenses listed above and you are an immigrant. An attorney can help you learn more about your legal options when facing possible deportation.

Source: Offices of the U.S. District Attorneys, "1934. Appendix D -- Grounds For Judicial Deportation," accessed Nov. 09, 2017

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