In the complex immigration regime governing people who wish to enter the United States, having a criminal record, especially if one is a visa or permanent resident holder, can lead to disastrous results. There are virtually almost all types of criminal activities or convictions that might lead to deportation even if it is not as direct as in the case of murder. Still, some crimes that make a person easily subject to deportation are theft, burglary, and assault. In this comprehensive analysis of the given crimes, we will unravel them to understand their connection with noncitizens’ deportation from the United States.
Understanding the Basics
In this context, those who stay in the United States as noncitizens should understand an important starting point, any criminal offense or convictions no matter the person’s immigration status creates a likelihood of deportation and or removal from the country. Not even those known as Lawful Permanent Residents or ‘green card’ holders are immune to this risk. The final key difference is that, unlike LPRs, lawful permanent residents still possess certain limitations – while they can reside and pursue employment in the U. S., they remain vulnerable to deportation if convicted of certain crimes.
Crimes That Trigger Deportation
Theft: Examining the Complexity
Theft has many meanings in law based on context and the specifics of the crime; therefore, the role of theft in immigration is difficult to define. In sum, theft means unauthorized and unlawful acquisition of some person’s property, the purpose of which is to deny the owner or lawful possessor the use of the property in question, to an extent to which this may not have to be total, or not permanent.
The classification of theft as a deportable offense hinges on several factors:
The immigration law mandates that if a noncitizen commits one crime of moral turpitude within five years of entering the U.S. or at any time after entry, provided the charging statute categorizes the conduct as a felony or misdemeanor with a prison term of at least one year, authorities must consider the noncitizen deportable (I.N.A. § 237(a)(2)(A)(I)).
On the other hand, two or more convictions of crimes of moral turpitude, not constituting a single scheme that generated either a single indictment or prosecution, are also sufficient to make an individual deportable (I. N. A. § 237(a)(2)(A)(I)). Whether theft constitutes a CMT depends on whether the individual intentionally acquired the conviction to commit a specific offense
Aggravated Felony:
In future cases, where no additional crimes occurred, a single criminal conviction for an aggravated felony is enough to warrant deportation, regardless of the possibility of a short or long sentence. The bibliography of the term “aggravated felony” is based on its definition and importance in the field of immigration law (more details, in the article: “What is an Aggravated Felony under the U. S. Immigration Law?”). Theft can be a violation of an aggravated felony if the defendant underwent not less than one year (I. N. A. § 101(a)(43)(G)). However, it is significant to note that this classification of the crime has no bearing on how the state law referred to the crime as being a felony or not.
Specific Listing:
Theft by itself falls under offenses that can lead to deportation because US immigration has a list of crimes that fall under deportation. It includes drug offenses, unlawful use or selling of firearms, spying, spousal or partner abuse, other forms of family violence, child maltreatment or endangerment, Human trafficking, and terrorism among others. It is also notable that some of these listed crimes may also fall within the category of Crimes of Moral Turpitude as well as Aggravated felonies.
However, you must understand that the application of these criteria varies depending on the federal circuit where you file your case. Every circuit may have its understanding of the immigration laws which leads to the variance.
Analyzing Burglary
Burglary is another crime that can lead to deportation proceedings and other legal consequences as well.
Traditionally, people describe burglary as entering or remaining in a building/structure without authority, to commit an offense. However, one must understand that the state laws are not exact in defining burglary in general.
The prospect of deportation of a noncitizen convicted of burglary depends on various aspects such as the intent to burglarize, premeditation, intent, or recklessness. Specifically:
Sometimes, people might consider burglary a crime of moral turpitude when someone commits it with a particular degree of intention, premeditation, or special purpose. For instance, the Board of Immigration Appeals (B. I. A. ), has held that burglary of an occupied dwelling warrants a finding that the deed is a crime of moral turpitude.
Section 3141, of title 18 of the United States Code also provides that, regarding aggravated felonies, burglary becomes so when a determined sentence of imprisonment of one year or more is imposed (1 I. N. A. § 101(a)(43)(G)). Like with theft, it is not dependent on the felony label under state law.
Immigration laws do not categorize burglary as a ground for deportation, but a conviction for burglary might result in being deemed removable for violating criteria related to crimes of Moral Turpitude and Aggravated Felonies.
Unpacking Assault Convictions
Assault, defined as an intentional act creating apprehension in another person of an imminent and harmful or offensive contact, presents its own set of complexities regarding deportation:
An assault conviction does not, in general, become a crime of moral turpitude, depending on the situation and the aspects of the conviction. For instance, the conviction for an assault with a deadly weapon in the state of Illinois is a crime of moral turpitude by the B. I. A. (Matter of Medina, 15 I&N Dec. at 611 (BIA 1976)). However, this will only be true given that there are differences in the state’s statute and its interpretation.
Simple assault can be classified as a crime of violence even though it is considered a misdemeanor, thus falling under the bracket of aggravated felonies according to immigration laws of the United States. This depends on the language of the statute itself as well as the court jurisdiction governing the case involved.
In a similar manner to theft and burglary, assault, although not a separate ground for criminal convictions, can lead to deportation, considering its connection with the criteria for crimes of moral turpitude and aggravated felonies.
How does the U.S. immigration court system handle deportation cases involving Nigerian nationals?
The U.S. immigration court system handles deportation cases involving Nigerian nationals through a structured legal process governed by the Immigration and Nationality Act (INA). Here’s an overview of how this system operates, particularly in the context of deportation proceedings.
Overview of the Deportation Process
- Initiation of Proceedings:
- Deportation proceedings begin when the Department of Homeland Security (DHS) files a Notice to Appear (NTA) with the immigration court. The NTA outlines the reasons for the individual’s removal, which may include criminal convictions or violations of immigration law.
- Role of Immigration Judges (IJs):
- Immigration judges, part of the Executive Office for Immigration Review (EOIR) under the Department of Justice, preside over these cases. They determine whether the individual is removable from the U.S. and if they are eligible for any forms of relief from removal, such as asylum or cancellation of removal.
- Burden of Proof:
- In deportation cases, the government bears the burden of proving that the individual is removable. However, if a non-citizen is applying for admission into the U.S., they must prove they are admissible. Conversely, if they have already been admitted, the government must demonstrate by “clear and convincing evidence” that they are removable.
- Types of Hearings:
- Individual Hearings: These hearings involve presenting evidence and testimony to determine eligibility for relief from removal.
- Expedited Removal: Some cases may be processed through expedited removal procedures, particularly for individuals apprehended at the border.
- Legal Representation:
- Individuals in deportation proceedings have the right to legal representation at their own expense but are not entitled to a government-provided attorney. Many seek assistance from immigration attorneys or nonprofit organizations specializing in immigration law.
Case Examples Involving Nigerian Nationals
- Denon Amen Osunde:
- A notable case involved Denon Amen Osunde, a Nigerian national who was removed from the U.S. after multiple criminal convictions, including assault and battery. His removal proceedings began after he attempted to re-enter the U.S., leading to an expedited removal order due to his inadmissibility based on his criminal history. The immigration judge ultimately ordered his removal after he failed to file an appeal within the designated timeframe3.
- General Trends:
- In fiscal year 2022, U.S. Immigration and Customs Enforcement (ICE) reported significant enforcement actions against noncitizens with criminal histories, including arrests and removals involving individuals from Nigeria3. This highlights ongoing concerns regarding public safety and immigration enforcement.
Appeals Process
- If an immigration judge orders a Nigerian national’s removal, they have the right to appeal this decision to the Board of Immigration Appeals (BIA) within 30 days. The BIA reviews cases based on legal arguments rather than factual determinations.
- Further appeals can be made to federal circuit courts if necessary, potentially reaching higher courts depending on legal complexities.
Seeking Legal Assistance
If you want to understand immigration consequences find ways to protect your immigration status and reach an agreement, knowing the complicated and challenging laws governing immigration will be immensely helpful. Some legal representatives can only recommend the best way to deal with your criminal record, and whether it makes you susceptible to deportation or not. If you stand in front of criminal charges, it is now mandatory to opt for both an immigration attorney and a defense attorney.
If you want to understand immigration consequences and discover ways to protect your immigration status and reach an agreement, knowing the complicated and challenging laws governing immigration will immensely assist you.
Thus, it is crucial to understand the criminal convictions and immigration status in the United States and seek help from professionals.
The applicant will apply for university admission and provide information on his criminal convictions and immigration status in the United States before it leads to deportation. Criminal activities such as theft, break-ins, and acts of violence can cause significant harm to those affected, resulting in devastating repercussions, particularly for non-citizens who could face expulsion from the country. Thus, comprehending the elaborate factors that would make a non-citizen deportable can help anybody in the process of interacting with the United States immigration system. Retention of an attorney can often be relevant and helpful in maintaining your immigration status and rights whenever faced with criminal charges.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a B-1/B-2 Visitor Visa or F-1 Student Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need in the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
