Criminal Defense of Immigrants

(A)  Effects.  A finding of deportability as an aggravated felon bars almost all forms of relief from deportation, and may bar relief from inadmissibility as well.[2]  A noncitizen removed as an aggravated felon is permanently barred from coming back to the United States to live.[3]  An aggravated felon who illegally re-enters the United States after deportation may be imprisoned for up to 20 years upon being found here.[4]  A noncitizen with an aggravated felony conviction may also be permanently ineligible for naturalization, since s/he may not be able to show Good Moral Character.[5]

                There is no aggravated felony ground of inadmissibility, but the same conviction may trigger inadmissibility under another ground of inadmissibility (such as the controlled substances or crime of moral turpitude grounds), and as an aggravated felony will bar most forms of relief from removal.

[2] See § 19.98, infra.

[3] INA § 212(a)(9)(A)(i), 8 U.S.C. § 1182(a)(9)(A)(i).

[4] INA § 276(b)(2), 8 U.S.C. § 1326(b)(2).

[5] See § 15.6, infra.