A criminal conviction can affect your immigration status even after the case ends. Federal immigration law treats certain offenses as grounds for removal, with especially serious consequences attached to a specific category of crimes. Aggravated felonies in Phoenix deportation defense cases require careful review, since state and federal law do not always classify the same offense the same way.
A deportation defense attorney can review the conviction record and determine how federal immigration law applies to it. At New Frontier Immigration Law, we examine the charge, conviction documents, and sentence before explaining the defenses or forms of relief that could be available.
The federal definition for felonies appears in 8 United States Code § 1101(a)(43) and covers many offenses. Some categories depend on details such as the elements of the crime, the loss amount, or the sentence imposed. Because the definition comes from federal immigration law, an offense does not need to be called an aggravated felony under state law to fall within this category. Examples listed in the federal statute include:
Not every conviction within a broad criminal category automatically qualifies. If you are facing a deportation defense case involving an alleged aggravated felony, a Phoenix lawyer can compare the statute of conviction with the federal definition and review the official conviction record. That analysis can be important when the government’s charge depends on the precise elements of the offense.
Under 8 U.S.C. § 1227(a)(2)(A)(iii), a person who has been admitted to the United States and is later convicted of an aggravated felony is deportable. The classification can also limit defenses that might otherwise be available in immigration court.
For example, 8 U.S.C. § 1229b(a) bars lawful permanent residents with an aggravated-felony conviction from cancellation of removal. Other consequences depend on the offense, sentence, and available relief. A Phoenix lawyer can help identify which restrictions apply in a deportation case involving an aggravated felony.
These cases require close attention to both the criminal record and immigration history. That is why our team reviews the Notice to Appear and the government’s allegations and then compares them with the conviction documents to determine whether the charged ground of removability is legally supported.
A conviction may have serious consequences, but the government still must establish the applicable ground of removability. In some cases, the dispute centers on whether the statute of conviction fits one of the categories Congress included in 8 U.S.C. § 1101(a)(43).
When assisting a Phoenix resident with a removal defense case based on an aggravated felony, an attorney can examine the charging document, plea record, judgment, and sentence when those materials are legally relevant. The goal is to determine what the conviction actually establishes under immigration law and whether the government has correctly classified it.
If the aggravated-felony charge applies, the next step is to identify any defense or relief that remains legally available. We help you understand those options and prepare the record carefully so you can make informed decisions about your case.
Aggravated felonies in Phoenix deportation defense cases can affect both whether the government may pursue removal and which forms of relief remain available. The consequences of this depend on the specific conviction, so a close review of the criminal record is an important part of building a defense.
Our team can analyze the allegations against you, explain how federal immigration law applies, and identify options that fit your circumstances. Contact New Frontier Immigration Law to speak with a deportation defense attorney about your case.
