CriminalImmigration

Immigration Consequences as they Relate to Juveniles and Juvenile Adjudications

The next question is if they effect the juvenile conviction–sort of the short version but except for crimes involving moral [inaudible] like shoplift and things like that or any other deportable offense I talked about this morning applies to juveniles as well as adults. So if he’s going to get convicted as a juvenile for unlawful carrying of a weapon or assault bodily injury, [inaudible] rehabilitation, possession with intent to deliver then it’s going to carry over with — its going to be the same effect it was 23 years old, when he gets to the immigration and deferred as a conviction for immigration purposes.

But, according to immigration act, the deferred is defined as a conviction for immigration purposes. It is one of the — that’s what I talked about It is two ground rules in immigration. Ahh, as criminal number one, for immigration purposes it’s deferred as a conviction and its defined as that natural act. And number two, a suspended jail sentence can act as the same as an actual sense and pose so these are the two in the statute. So no matters what it says in that judgment. For immigration purposes that deferred will be a conviction.

There you go then and last year and I see these — there are judicates like that without the conviction. And that’s a you know – we didn’t files those deferred actions because there is a lot because in those cases if you did have a criminal conviction, and you deferred action was denied because you come up your removal proceedings — so I chose not you know as not a bunch of caution not to file those applications but the reality is that days going to come in. Now one thing further, when it comes to drugs and you are talking out possession of control substance — if you’re trying to get your green card down the road and as I have mentioned if you have a conviction, for drug use or possession of 30 grams or less of marijuana, it’s going to be considered, you are not going to get your papers. There is one more to that as well to the gentleman when he asked about the person who has been considered as. If you are trying to get your residency, you don’t need — the burden of proof is just smaller. All they have to do is think that you are involved in drug use or drug traffic in other words not the preponderance — not beyond the reasonable doubt. All they have to have is a [inaudible] is — what is the exact language. Basically reason to believe that that person is a drug user or involved in drugs so when he’s going down you get him special juvenile type deferred for possession of cocaine.

And for your scenario he goes to immigration get his papers through his dad — they’re going to use that for the reason under the reason believe cause for someone who’s trying to apply for residency. And that will come back to get them for the drug lane. Does that make sense? It doesn’t make sense in federal but I just want to make sure I explained it. I am sorry. Okay! We are down to three minutes warning I am not going to go anywhere so I’ll answer more questions but you know I sit at the back and keep talking. Yes maa’m?
Audience: I’ve got somebody [inaudible] 14 years ago it had a domestic violence charge and he tried to come into the United States and they said no you can’t [inaudible] you got this card, but he came anyway and was able to get in here anyway and now he’s got a pending felony and some other charges that I’m trying to get taken care of either get to that. I want to try and get him [inaudible] because he has parents that are legal here. They are out here –

A permanent resident cannot file papers for a married son or daughter only a US citizen can. So mom and dad – as permanent residents cannot file for their son if he is married. So that is precluded there. Now you did raise something I am glad you bought that up so that’s the short answer it’s not a good answer. Two things and I got to go I am running out of my welcome. Number one –with the exception of aggravated felonies and the drug offenses possession of anything besides the 30 grams or less of marijuana, if your client is illegally is in United States, but in line to get papers. There are waivers available when he gets his application if he’s married to US citizen he gets caught — assault domestic violence, unlawful carrying of a weapon, burglary of habitation, burglary any of those other offences and he’s trying to get his papers through his wife or mom or dad. There’s a way he can still get those papers with the waiver.

So he’s not totally out of picture by virtue of these convictions. So that’s number, I got stress of that point. The second thing — whenever you have a client who does not have legal status, who is here illegally, and he’s got the immigration hold and you can talk to him before he goes to ice and about to pay the bond, she can get over there she can try to get second bond with immigration. Tell him when you see the immigration officer. Tell them you do not want to sign your voluntary return. I want to see I want to here with an immigration judge, I want a bond, I want to talk to my lawyer, I do not want to sign my voluntary return and make him repeat them because I guarantee when he goes over there the ice officers — ohh so you are Mr. jail house lawyer — you want to see your judge Han and your lawyer and you think a lawyer going to take bunch of your money under a damn thing. You think a judge is going to care now – They are going to push him to sign his voluntary return because your job is easier. And you don’t know how many times I get that I give letters to my clients and says in English. My client does not want to sign, he wants a hearing with the judge, he wants to talk with lawyer, he is in bond he wants to talk with his lawyer. So, you have that opportunity to admonish your client while he is sitting in the jail before he sees the immigration office and tell them those three things — to drill that into his head. So when he goes over there, he’s not going to sign and gets back and you [inaudible] back.

Francisco Hernandez

Author Francisco Hernandez

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