Criminal Convictions and Final Orders of Removal: When Final Doesn’t Always Mean Final
Overbroad Statutes and Federal Immigration Law
Federal courts increasingly recognize that:
Many state criminal statutes are overbroad
Not every conviction that sounds deportable qualifies under federal law
Examples include:
Drug statutes where the state definition exceeds the federal definition
Assault and battery statutes that do not qualify as crimes of violence
This leads to outcomes that feel counterintuitive — such as a “drug distribution” conviction that is not a deportable drug trafficking offense.
These arguments are technical.
They require close statutory analysis.
But they are very real.
Vacating Old Convictions Under Padilla
Post-conviction relief has expanded dramatically.
Under Padilla and its Massachusetts progeny:
Convictions may be vacated for failure to advise about immigration consequences
Massachusetts applies this retroactively to April 1, 1997
Courts have gone further than the U.S. Supreme Court required
I have successfully brought many such cases in Massachusetts state courts, resulting in:
Vacated convictions
Terminated final orders of removal
For many people, these remedies did not exist at the time of conviction.
The Practical Reality
A criminal record does not automatically mean deportation is inevitable.
But these cases are:
Highly fact-specific
Legally technical
Impossible to assess without a full record review
Internet advice and assumptions are dangerous here.
The Bottom Line
If you have:
A criminal conviction
A final order of removal
Or were told nothing could be done
That advice may be outdated.
The law has changed.
Before you give up, get an updated analysis under today’s law.
Consultations
Consultation fee: $200
Credited toward representation if appropriate
Honest answers — even when the answer is no
No panic.
No false hope.
Just clarity.