Although legislation to legalize marijuana abruptly stalled late last month, it is only a matter of time before the issue is revived, perhaps as early as June of this year. In spite of this, legalization of cannabis remains a hot legislative priority for a growing...
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Criminal Law & Municipal Court
Will New Jersey Drunk Driving (39:4-50) Affect H-1B Stamping?
This is a very common question that we deal with in the ordinary course of our business. Unfortunately, it is also one that is extremely complex and heavily dependent on a number of factors, including but not limited to the nature of the offense; one's immigration...
Crimes in New Jersey That Can Expose Immigrants to Detainers
Last week, we wrote about New Jersey Attorney General Law Enforcement Directive 2018-6, which directs state law enforcement to refrain from actively enforcing immigration law except in narrowly defined circumstances. Two salient aspects of the directive prohibit law...
New Jersey Shoplifting Theft Offense Held Not To Be Deportable
Late last month, attorneys in New Jersey were pleasantly surprised to learn of a one-year-old immigration court decision that directly implicates many issues currently impacting foreign nationals charged with disorderly persons offenses in our state. Although...
Not All Deportable Conduct Requires a Conviction
In order for our government to remove a foreign national on the basis of criminal conduct, a conviction is normally required. In terms of what constitutes a conviction, the Immigration and Nationality Act (INA) states as follows:(A) The term 'conviction' means, with...
Can I Be Arrested At Court By ICE? | Superior and Municipal Criminal Court
Late last week, Chief Justice Stuart Rabner of the New Jersey Supreme Court urged in a letter to Secretary of Homeland Security John Kelly that courthouses be added to the list of "sensitive locations." A sensitive location, according to ICE and CBP policies, is a...
Can Reckless Driving in NJ Cause Deportation? | Immigration Criminal Defense
In New Jersey, reckless driving is punished under Title 39. It is not classified as a criminal offense, which is codified under Title 2C of the New Jersey Code. 39:4-96 reads, in part:A person who drives a vehicle heedlessly, in willful or wanton disregard of the...
212h Criminal Waiver | Not All Permanent Residents Barred From Applying
The Board of Immigration Appeals (BIA) recently issued an important precedential decision in Matter of J-H-J, 26 I & N Dec. 563 (BIA 2015) that affects individuals who may need to file criminal waivers in order to stay in the United States. This is a notable...
Possession of Drugs in Car in NJ (39:4-49.1) Can Affect Immigration
While most non-US citizens are generally aware that being convicted of a major crime may render them deportable, many will often underestimate the impact of certain traffic offenses on their immigration status. In New Jersey, for example, there is a traffic offense...
Don’t Gamble With US Citizenship | Underage Gambling Charges in New Jersey
While many minors are aware, or should be aware, that underage gambling is against the law, foreign-born minors may be exposed to additional collateral immigration consequences that are not as well known. While the offense is not found in or classified as a Title 2C...