The Risks of Pleading Guilty as a Non-Citizen in California

If you are not a citizen of the United States, it’s important to understand the impact of a criminal conviction on immigration consequences. Once you plead guilty, it can lead to your exclusion from the United States and deportation.

More importantly, you don’t have to actually have a conviction for this to hold true. For example, if you admit guilt and get a treatment-mandated felony under Proposition 36, you can still be removed from the country. The act of pleading guilty is enough for U.S. Immigration and Customs Enforcement (ICE) to go after you.

Dealing with disqualifying criminal history in immigration cases is challenging. If you have made the mistake of pleading guilty as a non-citizen, it can have a direct impact on your ability to remain in the country. Because of this, you should always open a dialogue with your lawyer about the impact of a conviction for immigration purposes.

Once you plead guilty, you may be barred from entering the United States. In essence, you will be stopped at the port of entry if you attempt to come back into the United States in the future.

Besides exclusion, pleading guilty can also result in your detention and deportation. Under the Immigration and Nationality Act’s I.N.A 101 (a)(48) or 8 U.S.C. 1101(a)(48), pleading guilty or nolo contendere both count as a criminal conviction for immigration purposes, so they can lead to your deportation.

To become a naturalized citizen, you must demonstrate good moral character. Certain crimes, such as aggravated felonies, are considered proof that you don’t have the character necessary for naturalization. Depending on the crime, you may or may not be permanently barred from naturalization. For instance, you may be allowed to try again after five years if you have not been convicted with subsequent crimes.

Under the Immigration and Nationality Act (INA), a conviction is considered being found guilty in court, pleading guilty, or nolo contendere (no contest). If you have previosuly pled guilty, you should talk to your attorney about your options. The best path forward is to always start out by avoiding a guilty plea, although this isn’t always possible.

For instance, post-conviction relief for immigration purposes can help you challenge your original conviction. You can use a range of arguments, such as locating new evidence, juror misconduct, or ineffective assistance from your counsel.

In some cases, you may actually be able to get rid of your guilty plea. In California, the judge is legally required to tell you if you could be deported for pleading guilty. Additionally, your attorney is also legally required to tell you how a no contest or guilty plea can affect your immigration status. If your judge or attorney did not fulfill these legal obligations, you could take back your plea.

Form CR-187 can be used if your judge or your attorney did not tell you how your plea would affect your immigration status. It can also be used if you did not understand what they were saying. If successful, Form CR-187 can help you take back your plea.

However, it’s important to keep in mind that Form CR-187 won’t completely solve your problems. It basically rewinds your case to the original charges, so you’ll still need to try your case in court.

When it comes to a criminal conviction and the immigration consequences, it’s important to get help from a skilled criminal defense attorney. A criminal case can harm your immigration status, which is why it’s so important to fight back. By working with an experienced attorney, you can find out what legal options you have available.

If you are struggling to move on after pleading guilty as a non-citizen, we can help. Reach out to our team of lawyers today to get a consultation about your case.