NEW YORK CITY CRIMMIGRATION ATTORNEYS

Is there really that much difference between representing a U.S. citizen who is convicted of a crime and a non-citizen. The answer is yes. Both non-citizens in removal proceedings based on a criminal record or a non-citizen facing criminal prosecution are in need of crimmigration lawyers who have an in-depth knowledge of both criminal and immigration law and how they coincide.

In 1996 Congress passed and President Clinton signed into law the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA). As part of its wider aim to establish tougher immigration laws, IIRAIRA imposes severe penalties on noncitizens accused of committing crimes in the United States. IRRAIRA’s impact on noncitizens charged with even minor criminal offenses has had enormous ramifications.

Immigration Consequences of Criminal Convictions NY

The consequences include mandatory detention for even long-time lawful permanent residents, administrative and expedited removal for those convicted of crimes classified as aggravated felonies, and precluding certain waivers or forms of relief for individuals who have established a life in the United States.

In 2010, the U.S Supreme Court in Padilla v. Kentucky held that the Sixth Amendment requires criminal defense counsel to advise noncitizen defendants of the immigration consequences of a criminal conviction. The decision is the Court’s acknowledgment of how prevalent the intersection of criminal law and immigration law has become. Many non-citizens who once believed their criminal case was resolved, first learn of the severe immigration consequences of that case only after being denied an immigration benefit or being placed in removal proceedings.

With decades of experience in both criminal and immigration law, the attorneys at Cohen Forman Barone have a unique ability to represent clients with criminal records in immigration proceedings and non-citizens in criminal proceedings.

Attorney Consulting Services

The crimmigration attorneys at CFB routinely consult with criminal and immigration lawyers around the country on immigration-related issues related to their non-citizen clients that have a criminal issue.

Our work includes independent client consultations, court submissions that detail immigration liability of a particular offense and implementing negotiating strategies aimed at minimizing a client’s immigration liability.

Challenging Criminal Convictions as Removable Offenses

While many crimes are classified as removable offenses under U.S. immigration law, there are a number of ways to attack a conviction as falling into one of these classifications.

With years of experience practicing in the areas immigration and criminal law, the crimmigration attorneys at CFB routinely challenge the governments attempts to classify certain criminal convictions as deportable offenses both in the immigration and federal court system.

Bond and Detention Litigation

One of the most unforgiving aspects of IIRAIRA is its provisions related to the detention of non-citizens. Under the law, even law permanent residents are prohibited from even obtaining a bond hearing if convicted of certain crimes.

The crimmigration attorneys at CFB are not afraid to take on these cases and challenge the government's efforts to keep noncitizens detained due to prior criminal activity while simultaneously seeking to deport them from the country.