Certain offenses are what they are for immigration purposes regardless of the length of the criminal sentence, and even regardless of whether there IS a sentence. In such cases, obviously, a deferred adjudication has no benefit over any other type of conviction."
Some examples of offenses where the sentence does not matter include:
Murder, rape or sexual abuse of a minor, all of which are aggravated felonies under INA §lOl(a)(43)(A) regardless of sentence.
Any controlled substance offense will make an alien deportable regardless of sentence.
JNA §2l2(a)(2)(A)(i)(ll).
Any controlled substance offense will also make an alien deportable regardless of sentence, except for a single offense of simple possession for personal use of less than 30 grams of marijuana.
INA §237(a)(2)(B).
Drug trafficking crimes, which are aggravated felonies regardless of the sentence.
INA §lOl(a)(43)(B).
Any criminal offense relating to a firearm will render an alien subject to deportation regardless of sentence or the severity of the offense. INA §237(a)(2)(C).
Illicit trafficking in firearms is an "aggravated felony regardless of sentence. INA §10l(a)(43)(C).
Domestic violence offenses are deportable offenses regardless of sentence. INA §237(a)(2)(E); and
A single crime involving moral turpitude is a deportable offense if a sentence of a year or more may be imposed -- the actual sentence received is immaterial to deportability. INA §237(a)(2)(A)(i).
Some examples of offenses where the sentence does not matter include:
Murder, rape or sexual abuse of a minor, all of which are aggravated felonies under INA §lOl(a)(43)(A) regardless of sentence.
Any controlled substance offense will make an alien deportable regardless of sentence.
JNA §2l2(a)(2)(A)(i)(ll).
Any controlled substance offense will also make an alien deportable regardless of sentence, except for a single offense of simple possession for personal use of less than 30 grams of marijuana.
INA §237(a)(2)(B).
Drug trafficking crimes, which are aggravated felonies regardless of the sentence.
INA §lOl(a)(43)(B).
Any criminal offense relating to a firearm will render an alien subject to deportation regardless of sentence or the severity of the offense. INA §237(a)(2)(C).
Illicit trafficking in firearms is an "aggravated felony regardless of sentence. INA §10l(a)(43)(C).
Domestic violence offenses are deportable offenses regardless of sentence. INA §237(a)(2)(E); and
A single crime involving moral turpitude is a deportable offense if a sentence of a year or more may be imposed -- the actual sentence received is immaterial to deportability. INA §237(a)(2)(A)(i).
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