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

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?

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.

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Attorney answers 4

Posted

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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

F. J. Capriotti III

F. J. Capriotti III

Posted

PS If this person has been in the US for more than 10 years, the immigration lawyer can discuss the potential for Cancellation of Removal.

Asker

Posted

Thank you so much, finally someone understood what I was asking. And yes he has been here for over 10 years. This is really helpful, I have a consult with an immigration lawyer, now I know what questions to ask them. Thanks a lot did not mean to make this matter more complicated than it really is.

F. J. Capriotti III

F. J. Capriotti III

Posted

You are welcome.

Posted

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 relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

Posted

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.

Asker

Posted

This is his first DWI ever in the 10 years he has been in this country, and it happens to be a felony because my 6 year old was in the car. I have no knowledge about the misdeamenor DWI, because according to the criminal lawyer, they have not received the police report. I know that the odds are not in his favor because he is undocumented but if atleast I knew that he will not be banned for life from this country I can determine what decision to make from now on. Thanks for the feed back!

Posted

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 construed as legal advice. The answer does not create an attorney/client relationship. You should speak to an attorney for further information.

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