Will a pleading guilty to a Texas DWI (with a child under 15) make an illegal immigrant removable for immigration purposes?

Asked over 1 year ago - Fort Worth, TX

I have asked this question twice before but I think I've been putting it under the wrong subject. It should be under immigration and not criminal. My question is the following: Will pleading guilty on a DWI w/ child under 15 case will be considered a "crime of violence" or a "crime involving moral turpitude" and make the illegal immigrant inadmisable? Per the decision made by the 5th circuit court on Chapa-Garza they determined that a felony DWI is not a "crime of violence". Is this accurate?

Additional information

Defendant has 2 DWIs one of which is a felony due to a child passenger and one misdermeanor. No injuries resulted of this these 2 incidents only damage to a car that was rear ended on which the cost to fix was less than $300.00. Hope these facts help.

Attorney answers (4)

  1. F. J. Capriotti III

    Contributor Level 20

    8

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    Best Answer
    chosen by asker

    Answered . You are making this whole matter too complicated.

    It doesn't matter what the crime is.

    If some one is in the US 'illegally' they will be deported ... even if they get picked up for JayWalking.

    All the other data you put out will be considered when/if the person tries to come back after having been deported.

    Talk to an immigration lawyer, if the person has the potential for coming back after they are deported it will help for the immigration lawyer work with the criminal defense attorney ... which is required by the US Supreme court under the "Padilla" case.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. Richard Timothy Jones

    Contributor Level 17

    6

    Lawyers agree

    Answered . If they are illegal, they will be deported. It is always best to avoid any kind of felony conviction.

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  3. Haroen Calehr

    Pro

    Contributor Level 17

    4

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    1

    Answered . The third felony DWI conviction in Texas may be problematic for future adjustment issues if he's even eligible and/or inadmissibility to adjust status if there is an independent basis for that. Any felony conviction or even Class A misdemeanor should be avoided if at all possible. Need to have a close look at the plea agreement to determine whether Chapa-Garza is applicable or not. Key still remains as the other colleagues pointed out that the key is he's here illegally and that's the main crux to his problem.

  4. Francis John Cowhig

    Contributor Level 12

    6

    Lawyers agree

    Answered . If you are here illegally, you are deportable. It does not matter whether you commit a crime or not.

    Legal disclaimer: The answer provided is general in nature and because not all facts are known, it should not be... more

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