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Miami Immigration Lawyer - Aggravated Felonies - Miami Immigration Attorney

Steven A. Goldstein

10/01/09

An alien convicted for an aggravated felony is removable under immigration law.  aggravated felonies are crimes that, if convicted, result in severe consequences for aliens seeking legal status in the United States or seeking to remain in the United States legally after attaining legal status.  

 Examples of listed aggravated felonies include:

·         A crime of violence for which the term of imprisonment is at least one year

·         A theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment is at least one year

·         Illicit trafficking in drugs, firearms, destructive devices or explosive materials

·         An offense that involves fraud or deceit in which the loss to the victim or victims exceeds $10,000

·         Murder, rape or sexual abuse of a minor\

·         Attempts to commit any of the above or any other aggravated felony.

In removal proceedings, the government has the burden of proving that a noncitizen is removable.  The government must establish by clear, convincing and unequivocal evidence that the alien has been convicted of the alleged crime.  A conviction that is on direct appeal is not final and may not serve as the basis for removal.

Aggravated felons are barred from many forms of relief from removal.  If you are convicted of an aggravated felony, you may not:

·         Receive asylum in the United States

·         Become a United States citizen if the conviction is after November 29, 1990. 

·         Be eligible for certain forms of waivers from removal

In certain situations, individuals convicted of aggravated felonies can be removed by a process called “expedited removal”.  Unless the individual expresses a fear of persecution or torture if returned to their country, there is no relief from expedited removal.  Those subject to expedited removal can challenge the aggravated felony determination though.   

It is extremely important to consult a competent immigration attorney if you are facing criminal charges or have already been convicted of criminal charges.  The determination of whether a particular crime is an aggravated felony for immigration purposes takes a detailed analysis of both statutory and case law and in many cases can be challenged. 

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