Two Common Defenses to Deportation

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Eduardo Paredes
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ATTORNEY EDUARDO PAREDES is an experienced criminal law and immigration law attorney. Given his experience in both of these arenas of the law, Attorney Eduardo Paredes readily able to defend a variety of clients who not only face the criminal consequences of a criminal charge, in addition, to protecting the client against the adverse immigration consequences that arise after an arrest. As such, Attorney Eduardo Paredes represents clients in felony and misdemeanor in criminal law cases, and also defends the accused from deportation in U.S. Immigration Court.

If an immigration judge determines that you are not in the United States legally or no longer have a right to your permanent resident status, this does not automatically mean that you will be deported. An attorney working on your behalf can seek a variety of relief from removal. Your deportation defense case must take into account the severe immigration consequences of an accused’s criminal history. As such, a person in deportation proceedings with a criminal history, is better suited to have an attorney who has experience in criminal and immigration law. Doing so allows your defense strategy take into account all aspect of your personal history.

A common defense includes waivers and perhaps the relief of cancellations of removal.

If such relief is sought, and is granted in the course of deportation proceedings, a waiver has the effect of cancelling a deportation and allowing you to remain in the U.S. legally. There are a number of factors that must be met for a waiver to be granted. This includes showing that the person qualifies for the relief. There must also be a showing of hardship to certain qualifying relatives.

A cancellation of removal is only available as a defense if you are charged with certain grounds for removal. If granted, cancellation effectively pardons you from deportation and restores your status as a permanent resident. If you are not a permanent resident, it may even lead to getting your green card in Immigration Court.

Before granting such a cancellation, an immigration judge will weigh positives, such as community service, family relations in the United States, years of residency, and good conduct, versus negatives, such as criminal records and immigration violations. If the good considerably outweighs the bad, your deportation will be cancelled.

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These Crimes Can Get Legal Immigrants Deported

Eduardo Paredes pic

Eduardo Paredes
Image: eduardoparedes.com

Based in Los Angeles, California, Eduardo Paredes is a criminal lawyer who represents clients in both criminal misdemeanor and felony cases. Through his solo practice, Eduardo Paredes also represents clients on immigration matters.

Individuals who have legal US immigrant status are often placed under deportation proceedings because they were convicted of a crime that that renders the immigrant removable (deportable) or inadmissible to the United States. Some examples include crimes of moral turpitude and crimes that are aggravated felonies.

Aggravated felonies under immigration laws may be different from those under state criminal law as the term aggravated felony is defined by the federal statutes, such as the United States Code. Aggravated felonies include, but are not limited to, offenses such as murder or similar crime of violence, money laundering exceeding $10,000, trafficking firearms or explosives, child pornography, sexual abuse of a minor, fraud, tax evasion, espionage, and/or a combination of these and other offenses that the United States Congress has deemed to be crimes that pose a significant threat to national security. A person convicted of an aggravated felony is subject to deportation unless it can be shown that he or she will be tortured in his or her native country.

Crimes of moral turpitude are not defined under US immigration laws. However, the courts have defined them to include crimes that involve larceny, fraud, or intent to harm a person or thing. These crimes include murder, voluntary manslaughter, theft, spousal abuse, rape, and aggravated driving under the influence. Immigrants are subject to deportation proceedings if they committed such crimes of moral turpitude at any time. However, an immigrant’s ability to obtain a waiver from deportation depends on their length of residency in the United States, family ties, and a variety of other factors that the law requires be considered in determining whether an alien may seek a waiver from deportation. Seeking a waiver from deportation means to have an Immigration Judge issue an order stopping your deportation and allowing you to remain in the United States.

The United States Supreme Court has held that an alien has a constitutional right to be advised of the immigration consequences of a guilty plea in criminal court. Attorney Eduardo Paredes is experienced in representing clients in criminal law and immigration law courts. Such unparalleled experience unleashed from the criminal case stage can prove critical to find ways of escaping the deportation dragnet.

Visit attorney Eduardo Paredes at www.eduardoparedes.com or www.jailorbail.com.