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Law Offices of

Anastacio De La Cruz

CrImmigration

CrImmigration


CrImmigration is the intersection of Criminal Law and Immigration Law.
Coachella Valley CrImmigration Attorney Anastacio De La Cruz can help you with your CrImmigration case.

If you are undocumented or a legal permanent resident, a criminal charge may have immigration consequences, including deportation. Dispositions that seem good in criminal court may trigger terrible immigration consequences. You need a CrImimigration attorney to fight your criminal case.

Call Coachella Valley CrImmigration Attorney Anastacio De La Cruz today.



What is CrImmigration?


Traditionally, Criminal Law and Immigration Law have been treated as separate and distinct areas of law, with little to no crossover.  However, over the past thirty years or so, a number of major changes to the Immigration and Naturalization Act (INA) has blurred the line between the two areas, to the point that any non-Citizen accused of a criminal offense should assume that the charge may carry some type of immigration consequence.


Since 2001, the number of people deported as a result of a criminal conviction has increased 317%.  In 2015, 91% of people deported were removed after a criminal conviction. Many of those convictions were for relatively minor offenses.  Coachella Valley CrImmigration Attorney Anastacio De La Cruz practices what has become known as Crimmigration- that is the intersection of Criminal Law and Immigration Law.  His focus in Crimmigration cases, is to avoid Immigration Consequences by resolving the case in CRIMINAL COURT in a way that minimizes immigration consequences, so as to keep the accused in the United States with their families and loved ones.


How Can the Coachella Valley CrImmigration Attorney Anastacio De La Cruz Help you?


Coachella Valley CrImmigration Attorney Anastacio De La Cruz practices Criminal Defense- the elements of crimes and rules of evidence are the same for a Citizen and Non-Citizen alike.  The consequences are not. If you or your loved one is a United States Citizen, the case analysis and strategy becomes easier, as immigration consequences do not need to be considered. If you or you loved one is NOT a United States Citizen, meaning they are Legal Permanent Residents, or are undocumented, Coachella Valley CrImmigration Attorney Anastacio De La Cruz can help in the following ways:


  • Prevent Deportability.  Those who are Legal Permanent Residents too should be concerned if they are accused of a criminal offense.  Under INA Section 237(a)(2), USC 1227(a)(2), certain convictions might make one removable (deportable).  The primary concern in these types of cases, is to resolve a criminal charge in a way that that avoids a conviction that will make the LPR deportable.  Crimes Involving Moral Turpitude, Drug Offense, and Domestic Violence convictions, among others, may make an LPR deportable.  Certain types of offenses are deemed in immigration court to be AGGRAVATED FELONIES.  These do not necessarily have to be felonies in criminal court, and disqualify the non-Citizen from almost all forms of relief in immigration court.   Coachella Valley CrImmigration Attorney Anastacio De La Cruz, in accepting a criminal case, takes careful look at ones immigration status and previous criminal record in order to create SAFE HAVENS- resolutions which do not lead to removal proceedings, or in the alternative, preserve forms of relief in immigration court.


  • Preserve Admissibility. Under INA Section 212(a)(2), 8 USC 1182(a)(2), certain criminal convictions will make an undocumented non-citizen inadmissible. What this means is that certain convictions will make one ineligible to receive lawful permanent status.  A spouse, parent, or child will not be able to petition those who have been convicted of certain criminal conviction- regardless of how long the non-citizen/non-Legal Permanent Resident has lived in the United States.  Coachella Valley CrImmigration Attorney Anastacio De La Cruz, in accepting a criminal case, will analyze the case keeping in mind actual and potential immigration consequences, and at all phases of the proceedings, attempt to eliminate or mitigate (lessen) these consequences.  In particular, any non-Citizen, non Legal Permanent Resident should be concerned if they are charged with any Crime Involving Moral Turpitude, Drug Offense, or Firearm Offense. Check back for future blogs on each one of these subtopics.


  • Post Conviction Relief. Unfortunately for many non-Citizens, they don’t realize that they should have hired a CRIMMIGRATION attorney until after they have already resolved their criminal case, and realize now they are at risk of being removed (deported) or are no longer eligible to gain lawful permanent status.  The good news is that a CRIMMIGRATION attorney may be able to help. Using different post-convictions forms of relief, Coachella Valley CrImmigration Attorney Anastacio De La Cruz may be able to reopen your case and fight for a resolution which eliminates or mitigates the unwanted immigration consequences.  Non-Citizens should beware! A 1203.4 motion, commonly known as an “expungment” does not provide much, IF ANY, benefits in immigration court. 


Check back soon for blogs detailing different forms of Post Conviction Relief.


FUTURE TOPICS
1) Aggravated Felonies

2) Crimes Involving Moral Turpitude

3) 1203.4, 1203.43, 1016.5, Prop 47, PC 18.5, 1385,  1473.7, Petition for Writ of Habeas Corpus