Feller Law Blog

IMMIGRANT WITH CRIMINAL BACKGROUND?

Homeland Security has put a major push to deport immigrants convicted of certain violent crimes. While illegal immigrants in the U.S. are already subject to deportation, this new ruling affects immigrants who are in the country legally too. Under the Immigration and Nationality Act, citizens convicted of an aggravated felony are subject to deportation.  An immigrant can still be deported for a “crime of violence” even though there were no injuries during the crime. For prisoners who were convicted or sentenced under those previsions, are given only one year to appeal/protest those convictions and sentences.

WHAT YOU NEED TO DO!

For federal prisoners whose convictions have not yet become final, they will have to show that their convictions and sentences involve a plain error. For federal prisoners whose convictions have become final, they must file section 2255 motions to correct their flawed convictions and sentences within ONE YEAR.  If you have already plead guilty to “crimes of violence”, an older Supreme Court decision states that a defendant doesn’t waive the right to challenge the constitutionality of the statute they were convicted under merely because the defendant plead guilty. This means, you still have the opportunity to appeal your sentence/conviction.  Feller Law helps protect your rights in these situations.  Call today 407-878-5942.