Immigration QA

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...