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Criminal Removal: What It Means and How It Affects Immigrants
Definition & Meaning
Criminal removal refers to the process of deporting an alien who has been charged with a crime under the Immigration and Nationality Act. This process is initiated based on a criminal conviction, which serves as the legal basis for removal. An alien may also be subject to removal if they have a criminal conviction listed in the Deportable Alien Control System. Essentially, any alien with a qualifying criminal conviction is categorized as a criminal alien, regardless of the specific legal provisions that apply to their case.
Table of content
Legal Use & context
This term is primarily used within immigration law, particularly concerning the deportation of non-citizens with criminal records. Legal practitioners may encounter criminal removal cases in various contexts, including:
Immigration hearings
Criminal defense
Family law, when immigration status affects custody or support issues
Individuals facing potential criminal removal can utilize legal templates from US Legal Forms to navigate the necessary procedures effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An individual from Mexico is convicted of a felony drug offense. As a result, they may face criminal removal proceedings due to their conviction under the Immigration and Nationality Act.
Example 2: A person from Canada is charged with a DUI. If this conviction is recorded in the Deportable Alien Control System, they may be subject to removal from the United States. (hypothetical example)
Relevant laws & statutes
Key statutes related to criminal removal include:
Immigration and Nationality Act (INA)
Section 237 of the INA, which outlines deportable offenses
Comparison with related terms
Term
Definition
Difference
Deportation
The formal removal of an alien from the U.S.
Criminal removal specifically pertains to aliens with criminal convictions.
Exclusion
The denial of entry to an alien at the border.
Exclusion occurs before entry, while criminal removal happens after a conviction.
Common misunderstandings
What to do if this term applies to you
If you or someone you know is facing criminal removal, consider the following steps:
Consult with an immigration attorney to understand your rights and options.
Gather all relevant documentation, including criminal records and immigration status.
Explore legal form templates available through US Legal Forms to assist in preparing necessary documents.
In complex cases, professional legal assistance is highly recommended.
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