I received an ACD twice for petit larceny in 2010 and now I am scared to be deported. I currently have daca and I am due for renewal this year. Becasue of the acd will i be deported?
You will not be deported due to an ACD (or 2 ACDs).
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Under the Trump Executive Orders ("EO"), you should speak with an immigration attorney. While your cases have long been sealed, the EO's provide for deportation even if one has only been accused of a crime or a crime was committed, irrespective of a conviction or guilty plea. Moreover, you should contact the court to actually make sure the cases have been sealed - sometimes, through oversight, the ACD you received doesn't actually get sealed. Once, again, contact a competent immigration attorney.
Although an ACD may ultimately involve a dismissal, USCIS examines DACA applications under the "totality of circumstances" and one may be denied renewal based on an individual's total history even if one was not convicted. For example, USCIS may deny an individual DACA if they are deemed a threat to public or national security regardless of whether they have been convicted. You should gather with an experienced immigration lawyer who can fully examine the circumstances as no individual is guaranteed a grant of deferred action.
This answer is provided as a general response and is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
You could certainly face deportation. DACA will not protect you and may be eliminated. Only an Immigration attorney has the expertise to properly fill out immigration forms and put together the right package of documents and other evidence to support the immigration benefits you are trying to obtain. However, especially in these turbulent times, you really need to retain an immigration attorney. This is not a do-it-yourself project! You should focus on retaining experienced immigration counsel, especially now that immigration is much more restrictive since Trump is now President.
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