Non-Citizens, Just Say NO To Drugs!!

Under the Immigration and Nationality Act (the laws that run immigration), a person that is a Legal Permanent Resident, Deferred Action Recipient, or Undocumented will have SEVERE consequences if they are caught with drugs. Basically, if you're not a United States Citizen, you're going to be REMOVED or DEPORTED from the United States for any drug conviction.

Though there may be some intricacies in the law for Legal Permanent Residents, it's best not to take the chance. Protect your brain. Protect your status!! It's just not worth it.

What About a Dismissal With Deferred Entry of Judgement (DEJ)?

  Prior to July 14, 2011, when a person had only one conviction for a possession of a controlled substance and obtained a dismissal after they did a rehabilitation program, the Federal Courts said that they wouldn't have any bad immigration consequences. After July 14, 2011, this is no longer true. Why? Because a case named Nunez-Reyes versus Holder decided that a first conviction for a minor drug offense CANNOT be eliminated by a dismissal with deferred entry, or rehab. A guilty plea is a guilty plea, even if it is dismissed later.

But, this isn't fair!!

   Look, having a little bit of drugs is not a good thing in the United States. If you have a drug problem, you need to do what it takes to get better. DON'T carry drugs on your person. DON'T drive around while you're under the influence of drugs. DON'T take the easy way out by selling drugs.

   Anything worth having in life isn't easy, so don't think that doing drugs is the answer. Because in the end, you might wind up breaking your family's heart by getting removed or deported from the United States.

  Sometimes, mistakes can happen and you might get arrested. First off, always remember that you have a RIGHT TO REMAIN SILENT.

   Second, you need to find a defense attorney that can help you figure out another way to rehabilitate, and get the benefit of Deferred Entry of Judgement without entering a guilty plea. Don't enter a Guilty Plea, because that will just get you deported.

   If you were caught doing something a little, or a lot worse. You may want to discuss with a defense attorney what your options are because these are very serious convictions. That's why it's better to just stay away from drugs, and selling drugs. Sale of Drugs is VERY bad for immigration purposes.



   Rehabilitation

    Sometimes, the only options you have are to prove you want to get clean. So, stay off the drugs, and find a way to rehabilitate.

   Try to remember NOT to plea guilty unless you UNDERSTAND and KNOW all of your rights. Your defense attorney has to explain them to you, and the Court has to explain them to you.

Criminal Relief

If you pled guilty to a drug conviction, you might be eligible for Post Conviction Relief for your criminal case. But, in order to determine this you would need to talk to a defense attorney.

Immigration Relief

Immigration has a different consequence; you become ineligible for almost all forms of relief. However, you can still apply for Convention Against Torture. You have a statutory right to request the government protect you if you can show that it is more likely than not that you will be tortured if you return to your home country. This is a very high burden, and hard to prove because you also have to show that it will be the government that tortures you, or the government will do nothing to protect you from torture.