Facing removal proceedings due to a criminal conviction can be overwhelming. However, understanding the strategies and defenses available can help you navigate this complex situation with greater confidence.
Evaluating your eligibility for relief
One approach to challenging removal is to assess your eligibility for relief under immigration laws. For example, cancellation of removal might be an option if you meet specific requirements, such as:
- Having been a lawful permanent resident for at least five years
- Having resided continuously in the U.S. for seven years after a lawful admission
- Demonstrating good moral character
Additionally, seeking asylum or refugee status can be a path to relief. You have to prove a credible fear of persecution in your home country based on race, religion, nationality, membership in a particular social group, or political opinion.
Exploring post-conviction relief
Post-conviction relief can be a strategy to address underlying issues with your criminal conviction. This could involve filing a motion for a new trial or appealing the conviction.
However, there had to be legal errors or violations of your rights during the original trial. Additionally, you might seek a writ of habeas corpus to challenge unlawful detention or errors in your conviction.
Challenging the criminal conviction’s classification
Not all criminal convictions automatically lead to removal. It’s crucial to determine if your conviction falls within the categories that trigger removal under immigration law. Potential applicable charges include aggravated felonies, crimes involving moral turpitude, or controlled substance violations.
For instance, authorities may classify theft or fraud offenses involving a loss exceeding $10,000 as aggravated felonies. If your conviction does not meet these specific legal definitions, you can argue that it should not result in removal.
A fresh perspective
When facing removal proceedings, it’s essential to understand the legal landscape and your potential defenses. Being informed about your rights and options helps you navigate the challenges of removal proceedings more effectively.