If you are a non-citizen, it is difficult to know when a minor crime will trigger a bad immigration consequence, such as deportation. A recent decision by the US Supreme Court requires an attorney give notice to a non-citizen after an arrest, when a plea in court could result in deportation.

The new guideline arises from Padilla v. Kentucky. Padilla was arrested on a drug charge and was told by his attorney that since he was living in the US for so long, it was impossible for him to get deported. Padilla plead guilty to a drug charge. It turned out the attorney was wrong and Padilla was put into deportation proceedings. Padilla appealed his case. While the Court did not decide whether Padilla could be deported, they did render the following opinion.

Padilla was entitled to know whether he risked deportation by pleading guilty to a crime. Putting this new rule into practice is easier said than done. When crimes and immigration mix it is never easy to determine what the outcome will be. One Supreme Court Justice even wrote in Padilla that “a criminal defense attorney should not be required to provide advice on immigration law, a complex specialty that generally lies outside the scope of a criminal defense attorney’s expertise.” This is why attorneys specialize in immigration law.

Under what circumstances should you consult an immigration specialist? When convicted of a felony crime that could lead to deportation. The consequences of a conviction include not only the direct penal consequences, but also the far more important immigration consequences. When is the crime a felony for immigration purposes?

For example, in New Mexico a DUI can be either a misdemeanor or a felony, depending on the number of prior DUI convictions. In the context of immigration, pleading guilty to a fourth DUI is a felony and carries the risk of deportation. Generally speaking, deportable offenses are 1) a crime of moral turpitude with a sentence of one year (or more) within five years of entry 2) two or more crimes after entry. Simply put, one felony conviction at the wrong time can lead to deportation. If you are a citizen and have been arrested, it would be wise to consult an immigration specialist for an opinion on your case.