My mom was charged with theft ($130 dollars of groceries). She is a permanent resident alien and has been in the country since 1983. She has 3 priors, all misdemeanor thefts, which span from 1993-2003. The prosecutor is seeking a felony charge because of her multiple offenses. The prosecutor has agreed to offer deferred adjudication and she is scheduled to make her plea. Also she never was sentenced over a year in jail nor did the crimes happen within five years of her entering the country. My question is since theft can be classified as a crime of moral turpitude, can she be deported based on her prior charges? Would it be worth fighting this case in order to get the charges lowered to a misdemeanor? Does a felony theft of groceries classify as an aggravated felony? Thank you.
She will be placed in removal proceedings for committing two crimes involving moral turpitude after obtaining her residency. Her defense should be Cancellation of Removal provided that she has 7 years of continuous presence before committing the first theft offense. She needs an excellent and experienced immigration lawyer to prevail in this case.
Best of luck.
Verdin Law Firm, LLC
Yes she can be deported and likely will be placed in removal proceedings. She may be able to cancel the removal if she can show that the equities of remaining in the United States are favorable. One element you need to demonstrate is that you have rehabilitated yourself - - this will be difficult to do with four convictions but not impossible. However you absolutely should have an immigration lawyer in your geographic area review the matter before she pleads guilty to anything.
Most likely she will be placed in removal proceedings and will have to fight to remain in the US. You would be wise to retain an immigration attorney to discuss her options.
212 537 4407
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.