Immigration QA

I think most immigration advocates agree it's been a mixed bag.  There were immediate reversals of SOME of President Trump's most anti-immigration executive orders, but not all.  Suprising, given President Biden's pro-immigrant rhetoric. One example is the refugee moratorium, which the administration declined to lift until there was a public outcry.  Another is the many months it took the AG to recind the onerous Castro-Tum decision, which imposed procedural restrictions on immigration judges.   I myself had a client who grew up in the US but was deported under Castro-Tum rule, even though the immigration judge HERSELF ruled he was eligible for a U Visa. Before Castro-Tum, he could have stayed in America waiting for its approval. Under Castro-Tum, he was deported to a life in Mexico he's never known.  How many countless noncitizens were unfairly deported while Merrick Garland delayed this no-brainer move? Castro-Tum should have been rescinded the day he was conf...

Recently I was asked the following question: I'm considering accepting a "Stay of Adjudication" plea, in  a pending criminal sexual conduct case.   I also have a pending asylum application.  I need to know, would accepting this still type of plea make me removable as far as the DHS is concerned? Should I just risk trial then if my worst fear is deportation? SHORT ANSWER:   A "stay of adjudication" represents a full conviction for immigration purposes.  So if you plead guilty, with "stay of adjudication," to a criminal charge, you'll have to see if that criminal charge itself impacts immigration.  In your case, you would still be deportable with a Stay of Adjudication to criminal sexual conduct.  If it was a Stay of Adjud to disorderly conduct, then you would probably be fine.  A noncitizen should ALWAYS have an experienced immigration attorney help or represent them in a criminal charge!  There are just too many ...

A Lawyer Asked Me The Following Question: "My client, who is a permanent legal resident, is charged with a misdemeanor Domestic Abuse No Contact Order - Violate No Contact Order -  Minn Stat  629.75.2(b). The offer is to plea guilty to charge. 90 Days jail stayed for two years.  Would he be deported if he plead guilty?" ANSWER: Yes! FOLLOW UP: "Also, do you know if there is anything I could do like an Alford plea (no admission of facts) or a stay of adjudication on the charge that would keep him from deportation?" ANSWER: None of those resolutions avoid removal proceedings.  And there are additional nuances.  And, during this time, the foreign national defendant may or may not remain in ICE custody during such proceedings.  In Minnesota, this is usually Sherburne or Carver County jail but sometimes Albert Lea.  Ramsey County (St. Paul) recently ended its relationship with I.C.E. to detain foreign nationals in proceedings. Thi...