For many years, immigrants facing the prospect of long imprisonment have been told by criminal attorneys to accept a plea deal that would result in a lower period of imprisonment. The criminal attorneys have long thought that it is better to fight possible deportation in immigration court then to risk the possibility of a long imprisonment.
Unfortunately, for many of these immigrants the possibility of stopping a deportation following a plea bargain is impossible. This is because many crimes are considered aggravated felonies by the immigration laws, and result in what is almost automatic deportation from the United States for plea bargained immigrants.
Fortunately, in Padilla v. Kentucky, the United States Supreme Court recently determined that immigrants who have relied on the advice of criminal attorneys when taking plea bargains that result in automatic deportation from the United States should have the opportunity to retry their cases. In addition, New York immigrants facing deportation have additional options in stopping their deportation through New York legal decisions.
In certain circumstances it is possible for an immigrant facing deportation to have the underlying conviction invalidated. To find out whether a specific NYC immigrant is eligible to stop deportation following a plea agreement or plea deal, please contact a NYC immigration lawyer.