IT was a crisp October evening and Gilbert went out with his friends for a Halloween pub crawl. They drank, ate candy and cookies, and had an amazing time. The following morning, Gilbert woke up in holding cell. He finds out that he is being charged with “trespassing” and being “under the influence of a controlled substance.” Gilbert has no recollection of what happened, but when he was prompted to “plead guilty” by the public defender, he did so “because it was just a misdemeanor anyway.”
Diego, was also out partying on Halloween night. In what must have been a drunken stupor, he grabbed a handful of Snickers bars from a convenience store without paying. At his court hearing for petty theft, he pled guilty to “get it over with” because it “was just a misdemeanor.”
Both Gilbert and Diego are lawful permanent residents. They have each just been served with a Notice to Appear by the Department of Homeland Security, and would like to know why they are being deported.
The Notice to Appear. The Notice to Appear (NTA) is the charging document issued by an authorized agent of the US Department of Homeland Security (DHS), to noncitizens who the government believes are inadmissible or removable. The NTA is issued to place a noncitizen in a full removal proceeding before an immigration judge, who will determine whether the noncitizen is to be removed or allowed to remain in the United States.
A criminal conviction’s negative impact on immigration status. The Record of Conviction (ROC) details an individual’s criminal history – his/her arrest, what s/he plead to, and the final judgment/sentence. The relief(s) available to an individual facing removal/deportation proceedings will depend largely on that individual’s record of conviction.
“Just a misdemeanor” can very well get you deported. In our examples, Gilbert and Diego both thought that pleading guilty to a misdemeanor offense would not count for anything. When asked if he was aware of what he is pleading guilty to, Gilbert confesses that he did not. He simply thought that because it was only a misdemeanor and the public defender advised him to plead guilty to get the case dismissed quickly, he agreed. Similarly, when asked why he pled guilty, Diego reveals that he did so because it was only a misdemeanor and he didn’t want to miss any more time at work to deal with his case. He just wanted to get it over with.
Lesson number one: If you are a non-citizen, do not plead guilty unless you have a firm grasp of the possible immigration consequences. An individual should act quickly and before pleading to anything in criminal court consult both with a criminal attorney and with an experienced criminal immigration attorney who handles deportation defense, to mitigate the negative consequences of a criminal conviction to his/her immigration status.
Not every criminal conviction will result in deportation and not every deportation proceeding will lead to an order of deportation. Nevertheless, certain commission of crimes and/or convictions will render a non-citizen inadmissible and/or deportable, and will run the risk of being placed in deportation proceedings.
It is important to be informed and know your options. An experienced immigration firm or attorney will be able to help you understand what immigration terms mean specific to the regulations, what steps might be taken for your particular case, and the options available to you under the evolving immigration laws.
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Atty. Lilli Berbano Baculi is an associate attorney with Chua Tinsay & Vega, A Professional Legal Corporation (CTV) – a full service law firm with offices in San Francisco, San Diego, Sacramento and Philippines. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (619) 955-6277; (415) 495-8088; (916) 449-3923; [email protected]. For general information visit www.chuatinsayvega.com.
