Criminal Convictions and Deportation: What Every Immigrant Needs to Know

The Law Office of Daniel S Castaneda
February 21, 2026
4:11 pm
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Even a seemingly minor criminal conviction can have serious immigration consequences. Non-citizens in the U.S. may face detention, denial of immigration benefits, or deportation based on past or current criminal cases. This guide explains what can make a crime “deportable” or “inadmissible,” which common California charges raise immigration concerns, and what legal options may still exist to protect your future in

Why “Minor” Crimes Can Lead to Major Immigration Trouble

For many immigrants, the biggest shock comes after the courtroom.

You might think:

· It’s just a misdemeanor.

· I didn’t serve jail time.

· The judge gave me probation.

But immigration law does not follow criminal court logic. A plea that seems “safe” in state court can still trigger ICE involvement, block a green card application, or lead to removal proceedings years later.

Immigration consequences can arise under two separate frameworks:

· Deportability (you already have lawful status and the government seeks to remove you)

· Inadmissibility (you are applying for a benefit, reentering the U.S., or adjusting status and the conviction blocks approval)

The same conviction can create problems under both systems.

What Is a Deportable Offense?

Under U.S. immigration law, certain convictions can make a person deportable. Some of the most common categories include:

· Aggravated felonies

· Crimes involving moral turpitude (CIMTs)

· Controlled substance offenses

· Domestic violence-related convictions

· Multiple convictions with certain sentencing structures

Let’s break these down.

Aggravated Felonies: Not Always So “Aggravated”

“Aggravated felony” is a technical immigration term. It includes many offenses that may not seem aggravated—or even felonies—under state law.

Examples can include:

· Theft offenses with a one-year sentence (even if suspended)

· Drug trafficking offenses

· Fraud involving more than $10,000

· Certain crimes of violence

For green card holders, an aggravated felony conviction can trigger deportation and eliminate many forms of immigration relief—including cancellation of removal for lawful permanent residents.

The label matters more than the name of the crime.

Crimes Involving Moral Turpitude (CIMTs)

“Moral turpitude” generally refers to crimes involving dishonesty, fraud, or intent to seriously harm someone.

Common examples can include:

· Theft or shoplifting

· Fraud or identity theft

· Certain assault offenses

· Some domestic violence-related convictions

A single CIMT committed within five years of admission—if the offense carries a possible one-year sentence—can create deportability issues. Two CIMTs at any time can also trigger removal.

There is a narrow “petty offense” exception, but it is technical and heavily fact-dependent.

Old Removal Orders and Missed Court Dates Can Create Big Surprise Risks

Some long term residents have a hidden problem they do not even know exists, an old removal order.

This often happens when someone was given a court date years ago and never received the notice, never understood it, moved, or was too afraid to attend. If the court ordered removal “in absentia,” that order can stay on your record for decades.

If ICE detains someone with a prior removal order, the case can move much faster, and bond may be harder or impossible in many situations. There may still be options, like filing a motion to reopen, especially if proper notice was never received, but it is time sensitive and complex.

If you suspect you ever had a past immigration case, it is worth speaking with a qualified attorney and checking your records before there is an emergency.

Common California Charges That Can Create Immigration Risk

Many clients ask: “What about my specific charge?”

Below are some of the most common California statutes we see in immigration cases.

DUI (Driving Under the Influence)

In California, DUI charges commonly fall under:

· Vehicle Code § 23152(a) – Driving under the influence

· Vehicle Code § 23152(b) – Driving with 0.08% BAC or higher

If there is an allegation of injury, prosecutors often file:

· Vehicle Code § 23153 – DUI causing bodily injury

Important: A simple DUI is not automatically a deportable offense in every situation. However, DUI cases can become immigration-dangerous depending on injury, prior convictions, related charges, or how the statute is interpreted. Never assume a DUI plea is immigration-safe without review.

Domestic Violence and Related Charges

Common California domestic violence statutes include:

· Penal Code § 273.5 – Corporal injury to a spouse or intimate partner

· Penal Code § 243(e)(1) – Domestic battery (spouse/cohabitant/dating partner)

Immigration law has specific domestic violence deportation grounds. These cases are particularly dangerous because immigration courts may rely on the conviction record—not just what actually happened.

Even reduced or misdemeanor pleas can have serious consequences.

Drug Possession

Controlled substance offenses are among the harshest in immigration law.

Common California statutes include:

· Health & Safety Code § 11350(a) – Possession of specified controlled substances

· Health & Safety Code § 11377(a) – Possession of certain controlled substances

· Health & Safety Code § 11364(a) – Drug paraphernalia

Even if California law has become more lenient, federal immigration law has not. A drug conviction can trigger deportation and block many immigration benefits.

There is a narrow exception for a single offense involving possession for personal use of 30 grams or less of marijuana—but it is highly technical and does not make drug pleas generally safe.

Hit and Run

Hit-and-run charges can also raise immigration concerns:

· Vehicle Code § 20002 – Property damage hit and run

· Vehicle Code § 20001 – Hit and run involving injury or death

Immigration consequences may depend on whether injury occurred and what was admitted in the plea record. These cases require careful legal analysis before any plea is entered.

Multiple Convictions and Sentencing Rules

Immigration law looks closely at:

· Number of convictions

· Sentence length (including suspended sentences)

· Whether offenses are considered CIMTs

Even if each individual offense seems minor, multiple convictions can combine to create deportability.

And yes—suspended sentences count for immigration purposes.

Who’s at Risk?

Criminal convictions can affect:

· Green card holders

· DACA and TPS recipients

· Asylum seekers

· Undocumented individuals

· Applicants for naturalization

Many people are blindsided years later—during a green card renewal, naturalization application, or after a completely unrelated arrest.

What Is Post-Conviction Relief?

Sometimes the best defense is going back to criminal court to fix the conviction.

One of the most important California tools for immigrants is:

· Penal Code § 1473.7

This statute allows a person who is no longer in custody to move to vacate a conviction if prejudicial legal error damaged their ability to meaningfully understand or defend against the immigration consequences of their plea.

Post-conviction relief can include:

· Vacating a conviction

· Withdrawing an immigration-unsafe plea

· Modifying a sentence to avoid aggravated felony classification

We regularly evaluate whether older pleas can be challenged to protect a client’s immigration future.

Cancellation of Removal: A Powerful Defense in Immigration Court

If someone is already in removal proceedings, cancellation of removal may be available.

For Lawful Permanent Residents

INA § 240A(a) (8 U.S.C. § 1229b(a)) generally requires:

· 5 years as a green card holder

· 7 years of continuous residence after admission

No aggravated felony conviction

For Non–Permanent Residents

INA § 240A(b) (8 U.S.C. § 1229b(b)) generally requires:

· 10 years physical presence

· Good moral character

· No disqualifying criminal convictions

· “Exceptional and extremely unusual hardship” to a U.S. citizen or LPR spouse, parent, or child

These cases are evidence-heavy and fact-specific—but for the right person, cancellation can mean staying with your family instead of being deported.

What Should You Do If You’ve Been Charged or Convicted?

If you are not a U.S. citizen:

1. Do not plead guilty before speaking to an immigration attorney.

2. Get copies of all criminal paperwork.

3. Confirm the exact statute number.

4. Ask whether the sentence length affects immigration consequences.

5. Avoid international travel if your record is unresolved.

6. Take ICE detainers seriously.

The decision you make in criminal court can determine whether you remain in the United States.

Frequently Asked Questions

Can a misdemeanor lead to deportation?

Yes. Many deportable offenses are misdemeanors under state law.

Do suspended sentences count?

Yes. Immigration law treats suspended sentences as real sentences.

Is DUI automatically deportable?

Not always—but certain DUI convictions can create serious immigration problems.

Can ICE act years later?

Yes. Old convictions often resurface during green card or citizenship applications.

Can I still get a green card with a record?

It depends on the offense. Some crimes bar relief entirely; others may allow waivers.

What if I’m already in removal proceedings?

You may still have defenses, including cancellation of removal or post-conviction relief.

Final Thoughts: Don’t Wait Until It’s Too Late

Immigration consequences don’t always appear immediately.

People often discover the danger years later—when applying for a green card, naturalization, DACA renewal, or after a routine traffic stop.

If you or a loved one is facing criminal charges or already has a conviction, don’t guess.

The Law Office of Daniel S. Castaneda, APC helps immigrants understand what’s at stake, coordinate with criminal defense attorneys, pursue post-conviction relief when appropriate, and fight removal in immigration court.

Your future in the United States may depend on what you do next.

The Law Office of Daniel Stefan Castaneda is always there to protect your rights. Give us a call at 619-710-6095, reach out via contact form here, or send a mail to daniel@castalegal.com