When a criminal case can end your status — get both defenses under one roof.

Why "crimmigration" is its own practice area

Criminal court and immigration court operate on different rules, different definitions, and different consequences. A misdemeanor in Michigan can be an "aggravated felony" under federal immigration law. A no-contest plea can be a "conviction" for immigration purposes even if it isn't one in state court. A 364-day sentence is dramatically different from a 365-day sentence — one day separates deportable from not.

The U.S. Supreme Court recognized this in Padilla v. Kentucky, 559 U.S. 356 (2010), holding that defense attorneys have a constitutional duty to advise noncitizen clients about the immigration consequences of a plea. But knowing about consequences and being able to fix them are different things. We don't refer out — we handle both.

Our criminal defense practice is intentionally limited: we take cases where the client is a noncitizen and the charge has potential immigration consequences. We're not a high-volume criminal firm. We work the cases where criminal strategy and immigration strategy have to be designed together from day one.

What we handle

• Crimes of moral turpitude (CIMTs) — theft, fraud, assault charges, and others under Michigan law that may trigger deportability or inadmissibility.
• Controlled substance offenses — including Michigan marijuana cases that are legal under state law but still trigger federal immigration consequences.
• OWI / DUI for LPRs and visa holders — particularly multiple OWIs, OWI with injury, or OWI with a child present.
• Domestic violence charges — deportable under INA § 237(a)(2)(E), affecting both criminal and immigration cases simultaneously.
• Firearms offenses — categorically deportable for noncitizens regardless of sentence.
• Aggravated felonies — a federal immigration term that doesn't match Michigan's felony classifications.
• Post-conviction relief — Padilla motions, plea withdrawals, and other vehicles to fix prior convictions affecting immigration status.

What "limited scope" means here

We do not handle:

• Criminal cases where the client is a U.S. citizen with no immigration nexus.
• Capital offenses or first-degree murder.
• High-volume traffic or municipal ordinance work without immigration exposure.

We do handle:

• Any criminal charge against a noncitizen where status is at stake.
• Post-conviction work to clean up prior pleas that are now blocking naturalization, green card renewal, or DACA.
• Consultation-only review for noncitizens already represented by another criminal defense attorney — we coordinate strategy.

The categories that matter under federal law

Deportable offenses (INA § 237)

A lawful permanent resident or other admitted noncitizen can be deported for: a crime of moral turpitude committed within 5 years of admission with a possible sentence of 1 year or more; two or more CIMTs at any time after admission; any aggravated felony; any controlled substance offense (except a single 30-grams-or-less marijuana offense); firearms offenses; domestic violence, stalking, or child abuse; and certain other categories.

Inadmissibility grounds (INA § 212)

Different rules apply when someone is seeking admission — applying for a green card, applying for a visa, or reentering the U.S. after travel. A single CIMT generally makes someone inadmissible, with a narrow "petty offense exception" if the maximum possible sentence was one year or less and the actual sentence was six months or less. Drug offenses, even admissions of drug use without a conviction, trigger inadmissibility.

Aggravated felonies (INA § 101(a)(43))

This is a federal immigration term, not a Michigan criminal classification. It includes murder, drug trafficking, firearms trafficking, theft offenses with a sentence of 1 year or more, fraud offenses with a loss over $10,000, and a long list of others. An aggravated felony is the most severe immigration consequence: it triggers mandatory detention, bars most forms of relief from removal, and creates a permanent bar to readmission.

How we structure these cases

1. Immigration consequences analysis first. Before any plea discussion, we map every potential disposition against federal immigration law — what's deportable, what's inadmissible, what's an aggravated felony.
2. Negotiated alternatives. Some Michigan dispositions (HYTA, 7411, deferred adjudication) work for immigration purposes; others look favorable but are still "convictions" under federal law. We know which is which.
3. Sentence engineering. A 364-day sentence and a 365-day sentence have radically different immigration consequences. Where the prosecution allows, we structure pleas to avoid triggering aggravated felony classifications.
4. Coordination with the immigration case. If the client is in removal proceedings, in process for naturalization, or seeking adjustment of status, the criminal case timeline has to match.

Frequently asked questions