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Showing posts with label reason to believe. Show all posts
Showing posts with label reason to believe. Show all posts

Tuesday, August 3, 2010

Deportation When Drug Conviction Vacated

    Foreign nationals can be removed from the United States when the Attorney General "knows or has reason to believe" that they have been trafficking in any controlled substance.  Unlike other reasons to have someone removed from the United States, this law allows foreign nationals to be removed based on conduct even when there was no criminal conviction.  In the past, Immigration has used the "reason to believe" law to remove foreign nationals even when the drug convictions were vacated.
     Fortunately, the Eleventh Circuit Court of Appeals just ruled in Garces vs. Attorney General that when a foreign national has been convicted for trafficking in controlled substances and that conviction has been vacated, there is not enough evidence to justify a "reason to believe" removal.  This is true even though the arrest report describes the foreigner’s involvement in the drug trafficking.     
     So in several states including Florida, police reports even when coupled with a conviction that is later vacated, are not enough to have someone deported on these grounds. 
     This is not legal advice as your case may have the risks and benefits that are not apparent.  For the strategy to meet your immigration goals, contact (954) 385-0157.

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