Immigration Consequences of a Drug Conviction
Can a California Drug Crime Result in Deportation?
Under 8 U.S.C. § 1227(a)(2)(B)(i) and the Immigration and Nationality Act (INA) §237(a)(2)(B) any alien admitted to the U.S. and thereafter convicted of any controlled substance offense is deportable. To be removable under 237(a)(2)(B)(i), the alien must be convicted of a controlled substance violation and the substance must be on the Federal list of controlled substances. Section 237(a)(2)(B)(ii) can also make a noncitizen removable if the “alien who is, or at any time after admission has been, a drug abuser or addict…”
Under section 237(a)(2)(B)(i), a drug abusers or drug addict does not need to be convicted in order to be deported. DHS will only need to show that the person was a drug abuser or addicted to a control substance any time after admission. The exception to this law is if the noncitizen is convicted of a single offense involving possession for one’s personal use of 30 grams or less of marijuana.
When accused of a drug crime, the noncitizen immigrant and their attorney must look beyond the criminal case and become aware of how the conviction will affect their immigrant status or their ability to remain in the United States. Non-citizens that are convicted of drug trafficking, possession or possession for sales of methamphetamine, or cocaine, or for simply being under the influence of a federally listed control substances will become deportable and inadmissible. Being inadmissible means that the noncitizen will not be allowed to return to the United States. Being deportable means the noncitizen will can be removed from the United States.
How Can I Fight Removal Proceedings?
The only way to avoid becoming inadmissible and/or deportable from the United States is to aggressively negotiate and plea to an alternative nondrug related crime. If the prosecution refuses to negotiate it might become necessary to go to trial and try to beat the case. At Rodriguez Law Firm, we have the knowledge and the trial experience that you need for these difficult and tough cases to win.
We represent clients charged with the following drug crimes in San Diego:
- Possession for Sale of Cocaine or methamphetamine
- Possession and Cultivation of Marijuana
- Drug manufacturing
- Transportation & Trafficking for sales
- Possession with the intent to distribute
- Prescription drug charges
- Possession of drug paraphernalia
- Driving under the influence of drugs
Let Our San Diego Criminal Defense Attorney Fight for You Today
Drug convictions are devasting for the immigrant defendant. DHS will use a drug conviction to start removal proceedings and deport the noncitizen immigrant from the United States. Unfortunately, an immigrant convicted of a control substance is not eligible for bond. If you are arrested and charged with a control substance violation, our San Diego criminal defense lawyer can help.
We have the experience to represent you in criminal court and in immigration court. For immigrants that have already plead guilty they might be able to file what is called a Post-Conviction Relief motion. If granted it will remove a drug conviction from your record and remove the threat of deportation if no other issues of inadmissibility exist.
If you have been arrested for a drug crime in San Diego, contact us at (619) 332-1703 and schedule a free consultation today.
This process took over a year because of the court's backlog but through it, all John stayed positive, kept us on track, and my family and I couldn't be more grateful and thankful for all of his hard work.- Kristen S.
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