Immigration – misdemeanor leading to deportation?

By January 27, 2015 January 29th, 2015 Criminal Defense Detroit MI

Misdemeanor Offense  Causes Deportation – A Great Lawyer Can Help

The United States Supreme Court recently heard oral arguments in Mellouli v Holder, a case challenging the ordered deportation of a lawful permanent resident from Tunisia who was convicted of a misdemeanor drug paraphernalia charge for possession a sock used to hide drugs.  The type of controlled substance connected to the charge was not mentioned.  The ruling of the Supreme Court has not yet been announced.

The Immigration court, Board of Immigration Appeals, and court of appeals all found Mr. Mellouli subject to removal under the Immigration and Nationality Act.  The Act provides for removal of “any alien who at any time after admission had been convicted of a violation of . . . any law or regulation of a State . . . relating to a controlled substance” is subject to removal.

It is difficult to speculate on the outcome of this case.  However, pundits seem to believe that a majority of the justices appeared to be reluctant to impose such a harsh penalty on a lawful permanent resident convicted of a minor drug offense.  The government will be arguing that Mellouli should be removed.

The decision should be released some time Spring, 2015.

Prosecutors and Courts have No Mercy

The level of representation required an acceptable outcome for an alien or lawful resident is far and above that which is required to obtain that same result for a U.S. citizen.  Prosecutors and judges will usually agree to a resolution in a misdemeanor or felony case that has the minimum possible impact upon an alien or lawful resident but achieving  such a resolution takes considerable work, flawless preparation and an extraordinarily persuasive argument.

Criminal Defense Lawyers in Michigan – Reputation for Success

Criminal defense lawyers in Michigan often do not specialize in any particular area of the law.  They may “dabble” in family law, personal injury or drafting wills.  The attorneys at Lewis & Dickstein, P.L.L.C. are different then other criminal defense lawyers in Michigan.  Our attorneys practice ONLY criminal law, have extensive experience in the field and have a team of lawyers who work hand-in-hand to obtain the best possible outcome for our clients.  Our firm specializes in preparing innovative, aggressive and winning strategies and defenses for our clients.  When your freedom or possible removal from the United States is at stake, it is important that you have the most respected and experienced legal assistance available.  That is the law firm of Lewis & Dickstein, P.L.L.C.  Please contact us at (248) 263-6800.  We look forward to putting our expertise to work for you.