Drug Conviction

San Diego Lawyer for Immigration and Drug Charges

Working with Immigrants Charged with Drug Crimes

Drug convictions are devastating for the immigrant defendant. A conviction of a drug related crime will affect their immigrant status. A felony drug conviction can even be grounds for removal from the United States.

To avoid deportation from or inadmissibility to the United States, the non-citizen immigrant and their attorney must look beyond the criminal charge. If the prosecution refuses to negotiate, it may be 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 to fight these difficult cases. We can represent you in criminal court and in immigration court.

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

If you are facing drug charges, we can help you protect your right to stay in the United States. Reach out to our San Diego law firm at (619) 332-1703 today to schedule a consultation.

Can a California Drug Crime Result in Deportation?

A drug trafficking or possession offense is almost always considered a crime involving moral turpitude. 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.

Any of the following convictions can result in deportation and inadmissibility for non-citizens:

  • Drug Trafficking
  • Possession of a controlled substance
  • Possession for the sale of a controlled substance
  • Being under the influence of a controlled substance

Being deportable means the noncitizen will can be removed from the United States. Being inadmissible means that the noncitizen will not be allowed to return to the United States.

A drug offense can be upgraded to a felony if federal drug laws would consider the offense a felony. A felony drug charge can result in mandatory deportation and prevent you from accessing certain types of relief.

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 abuser 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 is if the noncitizen is convicted of a single offense involving possession for personal use of 30 grams or less of marijuana.

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