Criminal Law Deportation due to misdemeanor...???...

[singlemotherof2]

Employee had 4 charges, 3 were dropped, only is facing possible misdemeanor charge for possession of paraphernalia. Is this considered grounds of Deportability in the state of Florida? Accused was born in Panama but has been a Permanent Residential Alien in US for 44yrs.

 

[singlemotherof2]

***From the outside looking in** if employee is facing deporation due to charge then is it possible that the courts automatically chose this specific charge as an excusable reason to deport the accused? Is this legal? Could this be considered as discrimination or a set up of some sort through the courts? Not making accusations just questioning the facts...Additional info avbl upon request. Responses are appreciated.

 

[jacksgal]

"Legal" resident?

 

[singlemotherof2]

Permanent Residential Alien. Has all legal papers to live & work in the US. All paperwork is legit

 

[army judge]

Employee had 4 charges, 3 were dropped, only is facing possible misdemeanor charge for possession of paraphernalia. Is this considered grounds of Deportability in the state of Florida? Accused was born in Panama but has been a Permanent Residential Alien in US for 44yrs.

Any violation of US law can get a non-citizen deported.

Deported as in starting deportation actions.

There is always due process to consider, as in a proper legal hearing.

That said, technically any violation of US laws can get a non-citizen deported.

Usually, misdemeanor crimes won't cause that result.

However, each case is different.

But, if someone is committing crime after crime after crime, well that gets looked at, too.

I suggest you contact an immigration attorney or the immigration authorities for a more specific and definitive answer.

 

[fredrikklaw]

Not this time around!

SINGLEMOTHEROF2:

NO! Certainly not!

The employee is safe this time around and he will not even be remotely considered for placement in removal proceedings on the basis of a mere paraphernalia misdemeanor conviction.

Up until June of 2010, the rule was that two or more misdemeanor actual drug convictions (possession) were automatically tallied up and elevated (for immigration purposes) to the Aggravated Felony level for which the L.P.R. was arrested and placed in removal proceedings and in all likelihood removed (deported) from the United States.

But around June 10, 2010, the U.S. Supreme Court found the removing of legal permanent residents for mere misdemeanor drug convictions and the elevation of their misdemeanor convictions to the level of aggravated felony to be unlawful and dully restrained Homeland Security, I.C.E., and USCIS from the practice. In its published decision, the Supreme Court went even further so as to find unlawful the removal of legal permanent residents even for simple, non-violent, felony drug possession convictions.

So, whichever way you look at it, the employee is safe from removal or even being placed in removal proceedings.

fredrikklaw