Sunday, January 26, 2014

Ithaca DWI Lawyer Will Bieber be Deported? The Long Term Immigration Consequences of DWI

Eggs and THC, fun, fun, fun

Maybe ignorance is truly bliss

First, my two girls (17 and 24) love the Bieber, the hair, the smile, and the magnetic personality are intoxicating (excuse the pun). In fact, this Christmas I had to listen to his latest holiday album (over and over) because of their affection (or affliction). But Justin has his fair share of growing up to do. His recent egging incident in California, and now his Miami DUI are a cry for help IMO.

As a DWI lawyer in Ithaca, NY I have lots of clients from China, Korea, and overseas who attend Cornell University. We must always be mindful of their immigration status before treading the criminal waters. Their immigration status must be discussed, evaluated, and researched before entering into any criminal plea negotiations. The collateral consequences of a plea of guilt (to any charge) could have an impact upon them being here and staying here to work.

Immigration Consequences and DWI

Justin is a NOT an American he is a Canadian. Like so many other famous Canadians he is here on a performers visa, an 0-1. These type of visas are given for those people with extra-ordinary ability and/or achievement, don't tell Justin that, he doesn't need to add to that ego. O-1 Visa is for Individuals with "Extraordinary" Ability or Achievement. The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

 BUT People here on these visas have a "sensitive" status, they are deportable IF they get into trouble and make themselves unwanted. Serious crimes (like his $20,000 damages felony in CA) and/or his DUI can make him deportable.


Sec. 237 1/ [8 U.S.C. 1227]

(a) Classes of Deportable Aliens.-Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:

(i) In general.-Any alien with permanent resident status on a conditional basis under section 216 (relating to conditional permanent resident status for certain alien spouses and sons and daughters) or under section 216A (relating to conditional permanent resident status for certain alien entrepreneurs, spouses, and children) who has had such status terminated under such respective section is deportable.

(2) Criminal offenses.-

(A) General crimes.-

(i) Crimes of moral turpitude (egging while on drugs, driving super cars at high rates of speed while on drugs).-Any alien who-

(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 245(j) ) after the date of admission, and

(II) is convicted of a crime for which a sentence of one year or longer (felonies) may be imposed.

is deportable
(ii) Multiple criminal convictions (he does have both CA and FL pending) -Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.

(iii) Aggravated felony.-Any alien who is convicted of an aggravated felony at any time after admission is deportable.
(B) Controlled substances (marijuana and cocaine are both controlled substances) 

(i) Conviction.-Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), other than a single offense involving possession for one's own use of 30 grams or less of marijuana, is deportable.

(ii) Drug abusers and addicts.-Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable. Justin has already admitted that he has a substance abuse issue.

Non permanent residents like Justin can be kicked out of the good old USA for the types of things that Bieber is doing. The driving, the resisting arrest, the drugs, the DUI, and it goes on and on. 

As they say in Canada, Pretty Interesting, heh?

Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY with my wife (of 25 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing criminal defense and injury law within the Finger Lakes Region of New York State.

Over 90% of the cases that I take on are New York DWI defense cases. I am certified as a breath tester by the Department of Transportation, the guidelines of the International Association of Chiefs of Police (IACP), and the National Highway Traffic Safety Administration (NHTSA). I am certified in Field Sobriety Tests, and an active member of the National College of DUI Defense (NCDD). My online materials include over 490 blog posts, dozens of articles, and over 470 informative videos on my youtube channel.

I have co-authored Strategies for Defending DWI Cases in New York, in both 2011 and 2013. These are West Thomson legal manuals on New York State DWI defense, and focus on the best practices for other lawyers handling a New York DWI case. Included in Strategies for Defending DWI Cases in New York are materials I provide clients, such as my fee agreement and ways to avoid misdemeanor probation. I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.