Legalization Of Weed In NJ? With passage of the recent referendum legalizing marijuana in New Jersey, there has been a lot of confusion among non-citizens charged with drug offenses and their exposure to immigration removal proceedings. At the moment, there appears...
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Immigration Consequences of Crimes
How Does Legalization of Marijuana in New Jersey Affect My Immigration Case?
A very important crimmigration case came out last week that is of particular interest to residents of New Jersey who recently approved a ballot legalizing marijuana. New Jersey will soon join eleven other states and the District of Columbia which currently legalize...
Can ICE Arrest or Pick Someone Up Years After Conviction?
All too often these days, unfortunately, foreign nationals are picked up by Immigration and Customs Enforcement and detained for crimes for which they were convicted of years ago. Under Section 236c of the Immigration and Nationality Act, the government is allowed to...
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...
NJSA 2C:29-9 Contempt of Court | Restraining Order Immigration Consequences
The Board of Immigration Appeals recently issued an important decision that should be of interest to any individual charged with domestic violence, contempt of court, and violating a restraining order in NJ. One common New Jersey statute implicated includes NJSA...
2C:35-7 Distribution of Drugs Held Aggravated Felony | NJ Criminal and Immigration Lawyer
Last week, the Board of Immigration Appeals ("BIA") issued an important precedential decision that is likely to have a tremendous impact on immigration cases involving drug offenses, especially ones arising out of New Jersey. In Matter of Rosa, 27 I & N Dec. 228...
Changes to New Jersey’s Marijuana Laws Does Not Eliminate Immigration Consequences
Now that Phil Murphy has been elected to be New Jersey's next governor, there is much anticipation that marijuana will be legalized in the state within the first 100 days of his tenure. Under State Senator Nicholas Scutari's bill, the possession of and personal use of...
Not All Green Card Holders Qualify for the 212h Criminal Waiver
The Board of Immigration Appeals ("BIA") recently issued a precedential decision late this month that may be of interest to green card holders who are or may be facing removal proceedings. The case is Matter of Giovanni Rosalia VELLA, 27 I &N Dec. 138 (2017). The...
What If I am Illegal and Stopped Driving in New Jersey Without A License?
One of the most pressing and urgent concerns that undocumented individuals have is what will happen to them if they are stopped for driving without a license. Given the increase in enforcement under the Trump Administration, these fears are not unjustified. In New...
Update on NJ Shoplifting Immigration Consequences: Can A Conditional Dismissal Help?
On September 6, 2013, Governor Chris Christie signed a new law into effect that implemented the Conditional Dismissal program in New Jersey's municipal courts. Up until 2014, many first time offenders whose cases were heard in municipal court were not able to avail...