Aggravated Felonies
Under United States Immigration law there are a number of crimes that are specifically classified as aggravated felonies. Aggravated felonies are the most severe criminal conviction when it comes to deportation and removal proceedings.
Due to changes in Immigration law and policy over the years, the scope of what constitutes an aggravated felony has expanded.
In order to build a potential defense against deportation due to an alleged aggravated felony convictions, it is necessary to analyze whether the conviction truly is an aggravated felony. In other words, just because the government says something is true, it doesn’t mean it really is true. Some of the factors involved are:
- Whether an actual conviction really exists
- Whether the crime meets the definition of Aggravated Felony as defined in the United States Immigration Law
- Whether there are various subsections to the statute of conviction
- How much, if any, prison time the non-citizen has served due to the conviction
- The date of the conviction
- Whether the conviction was by plea or trial verdict
Potential relief from removal or deportation can also depend on other factors, including:
Cohen & Forman’s expertise in both Criminal and Immigration law can help you fight removal or deportation! Contact us for a consultation today.
