Aggravated felons are deportable from the US. The immigration act includes an extensive list of crimes that will cause someone to be deportable. Some of the crimes included are the following:
- Murder, rape, or sexual abuse of a minor
- Illicit trafficking in controlled substance, including a drug trafficking crime
- Illicit trafficking in firearms or destructive devices or in explosive materials
- A crime of violence, but not including a purely political offense, for which the term of imprisonment is at least 1 year
- A theft offense, including receipt of stolen property, or burglary offense for which the term of imprisonment is at least 1 year
- An offense relating to child pornography
- An offense that involves fraud or deceit in which the loss to the victim or victims exceeds $10,000 or relates to tax evasion in which the revenue loss to the Government exceeds $10,000
- An offense relating to obstruction of justice, perjury or subornation of perjury, or bribery of a witness, for which the term of imprisonment is at least one year
The list of crimes that will be considered an aggravated felony is very detailed. However, it is still important to keep in mind that, to determine whether a crime is an aggravated felony, it is necessary to compare the state statute of conviction with the federal laws. The classification of a crime as an aggravated felony by a state does not necessarily mean that the crime is an aggravated felony for immigration purposes.
A conviction is necessary for the person to be deportable.
Determining whether a crime is an aggravated felony and will make someone deportable from the US requires a careful analysis of immigration law, criminal law, and court opinions. It is very important that anyone that has been convicted of committing a crime meet with an experienced attorney to discuss their options.
Contact Attorney Evelyn today to discuss any immigration issues you may be experiencing.