By: Buitrago Law Firm PA June 1, 2025

The Impact of Criminal Convictions on Deportation Defense Strategies

Can You Be Deported for a Criminal Conviction? Defense Strategies for Non-Citizens

Last updated: June 2026

Yes—certain criminal convictions can trigger deportation for non-citizens, including lawful permanent residents. Convictions for aggravated felonies, crimes involving moral turpitude (CIMTs), and drug offenses create the greatest risk. However, defense options exist, including cancellation of removal, asylum, waivers of inadmissibility, and post-conviction relief.

For non-citizens in the United States—including green card holders who have lived here for decades—a criminal conviction can have immigration consequences far more severe than the criminal sentence itself. Understanding which convictions trigger removal and what defenses are available is critical.

Immigration enforcement has intensified significantly. In the first three months of 2025 alone, immigration judges ordered more than 68,000 deportations, and over 78,000 immigrants were placed in removal proceedings. If you have a criminal conviction or are facing criminal charges, the time to understand your options is now.

Which Criminal Convictions Can Lead to Deportation?

Convictions for aggravated felonies make removal almost certain. Convictions for crimes involving moral turpitude (CIMTs) and drug offenses also create a serious deportation risk. The government considers the type of crime, severity of sentence, and your immigration status.

Not every conviction triggers removal—but many do. When determining whether to initiate deportation proceedings, immigration authorities consider:

Type of crime: Aggravated felonies, CIMTs, and drug crimes carry the highest risk
Severity of sentence: Longer sentences increase deportation likelihood for certain offense categories
Your immigration status: Green card holders have more defense options than undocumented individuals, but both can face removal
When the conviction occurred: Recent convictions may carry more weight, but old convictions can still trigger proceedings

What Is an Aggravated Felony Under Immigration Law?

An “aggravated felony” under immigration law includes murder, rape, drug trafficking, certain theft and fraud offenses, and other serious crimes. Convictions for aggravated felonies make non-citizens deportable with very limited defenses—even long-term green card holders.

The term “aggravated felony” in immigration law doesn’t match its everyday meaning. It includes crimes that may be classified as misdemeanors under state law or that don’t seem “aggravated” in the common sense. Under 8 U.S.C. § 1101(a)(43), aggravated felonies include:

Murder, rape, or sexual abuse of a minor
Drug trafficking offenses
Firearms trafficking
Child pornography offenses
Fraud or tax evasion involving more than $10,000
Theft or burglary offenses with a sentence of one year or more
Crimes of violence with a sentence of one year or more
Money laundering over $10,000

Non-citizens convicted of aggravated felonies are barred from most forms of relief, including cancellation of removal and voluntary departure. Even if you’ve held a green card for 20 years, an aggravated felony conviction can result in mandatory deportation.

What Is a Crime Involving Moral Turpitude (CIMT)?

A crime involving moral turpitude (CIMT) is conduct that is inherently base, vile, or depraved—generally involving intent to defraud, intent to cause harm, or reckless disregard for others. CIMTs can make non-citizens deportable or inadmissible depending on the circumstances.

Unlike aggravated felonies, “crime involving moral turpitude” isn’t defined by statute—courts determine whether a crime qualifies based on its elements. Common CIMTs include:

Fraud and theft offenses
Domestic violence and assault
Aggravated assault and battery
Forgery and perjury
Certain sex offenses
Animal cruelty (in many jurisdictions)

A single CIMT conviction within five years of admission (or ten years for green card holders) can make you deportable. Two or more CIMT convictions at any time—even if they arose from a single incident—can also trigger removal. CIMTs can also make you inadmissible, affecting your ability to reenter the U.S. or adjust status.

Can a Drug Conviction Get You Deported?

Yes—even minor drug offenses can trigger deportation. Any conviction involving a controlled substance (except a single offense for simple possession of 30 grams or less of marijuana) makes a non-citizen deportable. Drug trafficking convictions are treated as aggravated felonies.

Drug convictions are among the most common triggers for removal proceedings. The consequences depend on the nature of the offense:

Simple possession: Any controlled substance conviction makes you deportable—with one narrow exception for first-time possession of 30 grams or less of marijuana
Drug trafficking: Classified as an aggravated felony, resulting in mandatory deportation with almost no defenses available
Distribution or intent to distribute: Even small quantities intended for sale can be charged as trafficking

Note that state legalization of marijuana doesn’t affect federal immigration law. A marijuana conviction in a state where it’s legal can still make you deportable under federal immigration statutes.

How Does Your Immigration Status Affect Deportation Risk?

Green card holders have more defense options—including cancellation of removal—but can still be deported for serious convictions. Undocumented individuals are more vulnerable but may still qualify for asylum, withholding of removal, or other relief.

Your current immigration status significantly affects both your risk of deportation and your available defenses:

Lawful Permanent Residents (green card holders): Can be deported for aggravated felonies, CIMTs, and drug convictions. However, LPRs with at least five years of permanent residence and seven years of continuous U.S. presence may qualify for cancellation of removal (unless convicted of an aggravated felony).
Visa holders: Work visa, student visa, and other non-immigrant visa holders can have their status revoked and be placed in removal proceedings following a conviction.
Undocumented individuals: Most vulnerable to removal, but may still qualify for asylum, withholding of removal, protection under the Convention Against Torture, or other humanitarian relief.

How Does the Deportation Process Start?

Deportation proceedings typically begin when you receive Form I-862, a Notice to Appear (NTA) before an immigration judge. You’ll attend a procedural hearing followed by an evidentiary hearing where the judge considers evidence from both sides.

When immigration authorities decide to pursue removal, they issue a Notice to Appear (Form I-862) scheduling you before an immigration judge. This document lists the charges against you and the factual allegations supporting removal.

The process typically includes a master calendar hearing (procedural) where the judge explains the charges, the law, and your rights. You’ll enter a plea to the charges and, if applicable, apply for relief from removal. Then an individual merits hearing (evidentiary) occurs where the judge hears testimony, reviews evidence from both sides, and makes a decision.

If you receive a Notice to Appear, contact an immigration attorney immediately. Missing a hearing can result in an in absentia deportation order.

What Defense Strategies Can Prevent Deportation After a Conviction?

Defense options include cancellation of removal (for qualifying LPRs), asylum or withholding of removal (if you face persecution in your home country), waivers of inadmissibility, and post-conviction relief to challenge or modify the underlying criminal conviction.

Even with a criminal conviction, you may have options to fight deportation:

Cancellation of removal: Available to LPRs with at least five years of permanent residence and seven years of continuous presence in the U.S.—unless convicted of an aggravated felony. Also available to certain non-LPRs who can show exceptional hardship to U.S. citizen or LPR family members.
Asylum or withholding of removal: If returning to your home country would subject you to persecution based on race, religion, nationality, political opinion, or membership in a particular social group, you may qualify for protection.
Protection under the Convention Against Torture (CAT): Available if you can show you would more likely than not be tortured by or with the acquiescence of government officials in your home country.
Waivers of inadmissibility: Certain criminal convictions may be waived, allowing you to remain in the U.S. or adjust your immigration status despite the conviction.
Post-conviction relief: Challenging the underlying criminal conviction through appeal, motion to vacate, reduction of charges, or expungement may eliminate the immigration consequences—but the relief must be based on a legal defect, not solely to avoid deportation.

The availability of these defenses depends on your specific circumstances—the crime, your immigration status, your ties to the U.S., and conditions in your home country. An experienced immigration attorney can evaluate which options apply to your case.

Facing Deportation After a Criminal Conviction?

Immigration enforcement is aggressive, and the consequences of a criminal conviction for non-citizens are severe. Buitrago Law Firm helps clients nationwide and worldwide fight deportation, obtain waivers, and protect their immigration status. Award-winning immigration attorney Ernesto J. Buitrago will pursue every available legal option on your behalf.