Telephone: (702) 384-8600

English • Español • Française • Tagalog • עברית

Immigration Consequences of Crimes

An immigrant can be removed (deported) and excluded from coming into the United States if he is convicted of a “crime involving moral turpitude” (CIMT), certain drug offenses, or “aggravated felony.” CIMT are not specifically defined. However, the general idea conveyed in the immigration law is that these crimes include fraud, larceny and harm to persons or property. Whether driving under the influence will be considered as a CIMT depends on the circumstances.

Crimes against the person involve moral turpitude when criminal intent is an element of the offense. Such criminal intent may be inferred from the presence of unjustified violence or the use of a dangerous weapon. Often, lesser related offenses or lesser degrees of the same offenses might not involve moral turpitude absent criminal intent, unjustified violence, or the use of a dangerous weapon as elements of the offense.

Examples of crimes against the person found to involve moral turpitude (CIMT):

Read moreImmigration Consequences of Crimes

Topics in Personal Injury Law

Who was at fault for the accident? How are you compensated for your injuries?

The law of torts, which is the first topic taught in law school, states that in order to hold the Defendant liable (responsible) for an accident, it is necessary to find that

  1. Defendant’s action was negligent or reckless.
  2. The action caused the accident. This concept is called “cause in fact”.
  3. The accident was a foreseeable result of the negligent act. This is also called “Proximate Cause”.
  4. The Plaintiff’s own action was not negligent and if it was, his negligence was less than the negligence of the Defendant. If the Plaintiff was also negligent, his or her compensation can be reduced by the percentage of his negligence.
  5. In additional, to be able to make a claim or to sue for negligence, the Plaintiff must suffer damages.

What does it mean when we say that someone acted negligently?

Read moreTopics in Personal Injury Law

Steps in Handling a Personal Injury Case

Traffic accident cases

The first step is an in-depth interview with the attorney. The client comes to our office because they want monetary compensation for the damages that he or she incurred. The attorney has to assess three important issues. first item is liability. Determination of liability means deciding whose is at fault. Some accident facts are easier to determine and some require investigation before liability can be determined. For example, if you are at the stop in a red light  and someone rear-ends you, chances are that they are at fault. Some accident facts are much more complicated and require an experienced attorney to prove that the other driver was at fault. For example, if the other driver ran a red light and hit you, the attorney has to know how to locate and speak to witnesses, how to evaluate the light sequence at the intersection to show that indeed you had the green light. The set of facts can be even more complicated if more than two cars are involved.

Read moreSteps in Handling a Personal Injury Case

Supreme Court Applies NRS 11.190(1)(a) to Family Court Decisions

If you were awarded property or money in a family court, you should know there is a time limit to enforce the judgment or decree. Last fall the Nevada Supreme Court ruled in Davidson v. Davidson, 132 Nev. Adv. Op. 71 (2016), that a court cannot enforce a judgement, including an obligation arising from a decree of divorce, if more than six years pass from the creation of the obligation. This means if you wait more than six years to go to court to force payment on a judgment, the trial court will not have the power to enforce the award against the other party.

Read moreSupreme Court Applies NRS 11.190(1)(a) to Family Court Decisions

Mandatory Detention of Immigration Violators

Not all noncitizens who come into the custody of Immigration and Customs Enforcement (ICE) can be released on bond (bail). An immigration detainee cannot be released on bond while awaiting his hearing in immigration court if he has been convicted of certain crimes and has been taken into immigration custody,

Under Immigration and Nationality Act section 236 (c), crimes requiring mandatory detentions are:

Read moreMandatory Detention of Immigration Violators

Criminal Convictions in Immigration Law

Criminal defendants seek to minimize possible time in prison and often desire to avoid a risky trial. However, a plea bargain or a plea of no contest may make the defendant deportable or excludable from the United States. For years defendants who had been advised by their criminal attorney to plead guilty or nolo to a crime in order to get the best deal from the criminal law point of view, were shocked to learn that their plea resulted in them being deportable or excludable. In 2010, the US Supreme Court ruled in Padilla v. Kentucky, 130 S. Ct. 1473 (2010) that a criminal attorney failure to advise a non citizen client the immigration consequence of entering a plea is ineffective assistance of counsel.  This ineffective assistance of counsel could be a constitutional basis to set aside guilty plea and conviction.

Not all convictions will make a defendant excludable. The following convictions are not a basis for exclusion:

Read moreCriminal Convictions in Immigration Law

Community Property and Premarital Agreements

Community vs. Separate Property

Once a couple marries, all property acquired during marriage is considered community property unless otherwise specified by an agreement in writing, a decree of separation or divorce. A husband and wife have equal interests in community property. If the husband works and buys a property with his income, the property belongs to both parties equally.

Separate property is property owned by a spouse before marriage and property acquired by the spouse after marriage by gift or inheritance. The pain and suffering and suffering portion of an award for personal injury damages is also separate property. An award for medical expenses is not separate property, because the medical expenses are community debts. 

Read moreCommunity Property and Premarital Agreements

What is An Aggravated Felony

The consequences of a conviction of an “aggravated felony” by a non citizen are serious. Under the Immigration & Nationality Act, Many crimes are considered “aggravated felonies.” Consequences include, among others, deportation and a permanent ban on becoming a U.S. citizen.

Aggravated Felonies Under the Immigration & Nationality Act

For immigration matters, the term “aggravated felony” comes from  Federal law. However, most criminal convictions are under state law. An offense that is not “aggravated” under State law, may be “aggravated” under Federal law. To determine if a person will suffer the immigration consequences of an “aggravated “felony” conviction, the state criminal statute under which the person was convicted must be compared to the definition of “aggravated felony.”

Read moreWhat is An Aggravated Felony

CPB posts new stats on border interdiction

CPB has posted border apprehensions for the last quarter of 2016.

Quote from the CPB report:

U.S. Customs and Border Protection saw a dip in arrivals along the Southwest Border in December, although overall total migration remained at elevated levels, primarily due to family units and unaccompanied children from Central America, Haitian nationals migrating from Brazil, and Cuban nationals. CBP continues to maintain a strong security posture through background checks of all individuals encountered and ensures that each person is processed in accordance with U.S. immigration laws and DHS policy.

In response to the increased number of individuals apprehended between ports of entry or encountered at ports of entry, CBP opened temporary holding facilities in Tornillo and Donna, Texas, in November 2016 capable of holding 500 people each.  The facilities are available to provide additional space for those in CBP custody awaiting transfer to U.S. Immigration and Customs Enforcement for processing, detention, and/or removal, or to the Department of Health and Human Services.

Waivers of excludability

People with histories of criminal activities, previous immigration law violations, certain medical and other problems, will be denied entry or a lawful permanent residence, unless special permission is granted. This special permission is called a waiver. They are several  kinds and types of waivers.

8  CFR §212.7 (e): Unlawful presence waiver.

Read moreWaivers of excludability