Crimes
Conviction of criminal offenses is one of the most obvious stumbling blocks to entering or remaining in the United States. Many crimes can lead to immediate detention and near-certain removal; others may create inadmissibility but can be waived, and a small number of offenses may have virtually no consequence at all.
“Aggravated Felony”
The immigration law defines a number of crimes specifically to make an individual deportable and ineligible for most forms of immigration relief from removal.
In late 2006, the Supreme Court effectively concluded that thousands of non-citizens had been deported in error, and that the Government cannot characterize certain offenses as aggravated felonies without compelling justification in the law. In Lopez v. Gonzales, the Supreme Court ruled that a simple drug possession offense that is classified as a felony under state law, but a misdemeanor under federal law, is not an immigration “aggravated felony.” See our summary of this important case by Thomas Ragland.