Deportation After a Felony Conviction: How It Affects Your Immigration Status in the U.S.
- Mark Linton
- 2 days ago
- 6 min read
When you're not a U.S. citizen, a criminal conviction can have consequences that reach far beyond fines, probation, or even prison time. For many immigrants, deportation after a felony conviction can threaten the very foundation of their life in America, which is their right to stay here. This is especially the case for lawful permanent residents or green card holders.
Mark Linton is a highly regarded Michigan appeals attorney. He frequently works with individuals whose old felony convictions are now putting their immigration status at risk. And the good news is, Michigan law can sometimes provide a path to overturn or modify those convictions.
And by extension, it can protect your immigration future. This is possible through post-conviction remedies like a 6.500 motion for relief from judgment. Mark explains in great depth how a past felony conviction affects your immigration status in the United States. And how he can help you turn a past conviction into a second chance at your American dream.
The Immigration Impact of Deportation After a Felony Conviction
The U.S. immigration system treats criminal charges very seriously. And the United States Code chapter 8, section 1227 (a)(2) states it clearly. Some crimes can get you deported or denied entry. Some examples of such crimes include aggravated felonies, crimes involving moral turpitude, and controlled substance offenses.
Aggravated felonies are broadly defined under section 101 (a)(43) of the Immigration and Nationality Act. And they include crimes like drug trafficking, certain theft offenses, and violent crimes. Crimes involving moral turpitude can include assault or other offenses involving dishonesty or intent to harm.
When it comes to controlled substance offenses, even a single conviction for possession or delivery of a controlled substance can trigger deportation proceedings. Most importantly, the immigration system doesn't care how long ago the conviction occurred. How well you've rebuilt your life doesn't matter too.
A felony on your record remains a legal fact unless the court sets it aside, reduces it, or vacates it.
Michigan Felonies and Deportation After a Felony Conviction
In Michigan, the classification of a crime as a felony can have automatic immigration consequences. And even certain misdemeanors under state law can be treated as aggravated felonies under federal immigration definitions.
For example, a Michigan “delivery of a controlled substance” conviction under Michigan Compiled Laws (MCL) 333.7401 can be treated as an aggravated felony under federal law. Similarly, a “felonious assault” conviction under MCL 750.82 could be classified as a violent crime. And this may potentially trigger deportability.
Once immigration authorities like the ICE or USCIS identify such a conviction, they may take one of three actions. They may initiate removal proceedings, or deny an application for adjustment of status, or refuse naturalization.
How a 6.500 Motion Can Help
Many immigrants, especially those convicted years ago, can find legal remedy through a Motion for Relief From Judgment. This is under the Michigan Court Rules (MCR) 6.500 and all subsequent rules within that section. This Michigan post-conviction process allows defendants to ask the court to review their conviction long after direct appeals are over.
Essentially, you can use a 6.500 motion to:
-Raise a change in law that affects your conviction or sentence
-Present new evidence that wasn't available at trial
-Argue ineffective assistance of counsel (for instance, if your advocate failed to advise of the immigration consequences of your plea as required by the Padilla v. Kentucky (2010) case ruling)
-A 6.500 Motion can often reopen the case and potentially stop deportation after a felony conviction by vacating the original judgment.
If the court grants your motion, it can vacate the conviction or order a new trial. This potentially removes the legal basis for deportation. And this is where an experienced appeals lawyer like Mark Linton comes in handy. The lawyer needs to have handled numerous post-conviction cases in Michigan courts. And they should know how to identify the strongest legal and factual grounds for relief.
An Example of How One Motion Can Change an Immigration Case
Let's imagine a scenario of a lawful permanent resident convicted of drug possession in 2008, who later receives a notice of deportation. During that time, his defense attorney never warned him that pleading guilty could make him removable. This is a violation of the Sixth Amendment, right to effective counsel.
And with the help of a 6.500 motion, we can argue that his plea wasn't voluntary. This is because he was unaware of the immigration consequences. If the court agrees, the conviction could be vacated. And once that happens, immigration authorities may lose the legal basis to deport him.
What to Do If You're Facing Deportation Due to a Michigan Felony Conviction
If you've already received a Notice to Appear (NTA) in immigration court, you need to act quickly. Deportation cases move fast. And if you don't have a strong criminal and appellate strategy, removal can happen before your Michigan post-conviction motion is resolved.
Here's what you should do immediately:
-Hire both an immigration attorney and a Michigan appellate attorney. Immigration and criminal law operate in different systems. Your immigration lawyer handles the removal proceedings while your appellate attorney works to challenge or vacate the underlying conviction that caused the immigration problem. And the two must coordinate closely.
-Gather your court documents. You'll also need your judgment of sentence, plea transcript, police report, and any attorney correspondence. These documents help identify whether there were constitutional or procedural errors that can be raised under MCR 6.500.
-Notify the immigration judge. Let's say your 6.500 motion or appeal is pending in state court. Your immigration attorney can ask the immigration judge to continue or pause the removal proceedings under the Code of Federal Regulations (8 C.F.R. §1003.29). They can ask this, arguing that the conviction might be vacated soon.
-File your post-conviction motion promptly. Michigan courts often take months to decide motions. And the earlier it's filed, the stronger your case for a continuance in immigration court.
-Keep documentation updated. There are many progress updates, like a court scheduling order, a hearing date, or a ruling. Any progress can affect how immigration authorities proceed. And timely updates can mean the difference between deportation and staying in the country.
Always keep in mind that immigration judges can't overturn criminal convictions. Only the Michigan circuit courts can do that through post-conviction relief. That's why having an appellate attorney who understands both Michigan law and immigration consequences is important.
Other Legal Avenues to Avoid Deportation After a Felony Conviction
Other than the 6.500 motion, you may choose to pursue other avenues available. These include a motion to withdraw a plea under MCR 6.310. This option is available shortly after sentencing if the plea was defective.
Another option is expungement under Michigan's Clean Slate law. This avenue is guided by MCL 780.621 and all subsequent rules within that section. Keep in mind that while an expungement may clear a state record, it doesn't always erase immigration consequences. This is because immigration courts can still consider the original conviction.
The other option is an appeal by right or by leave under MCR 7.200. This works well for recent cases where a direct appeal may still be possible. Each case requires a careful review of both state criminal law and federal immigration statutes to determine the best strategy.
How Mark Linton Can Help Protect Your Future in the U.S.
Remember, once ICE initiates removal proceedings, options narrow quickly. And a pending deportation case doesn't stop you from filing a motion in Michigan courts. However, timing and coordination with your immigration attorney are of the essence. And the earlier you act, the better chance you have to protect your rights.
MCR 6.502(G) states that you generally get one motion for relief from judgment. And success depends on raising all viable claims the first time. And more importantly, supporting the claims with evidence or affidavits.
That's the exact moment people call Mark Linton, a highly skilled Michigan appeals lawyer. Mark doesn't see a “felon”. He sees a permanent resident who's done everything right since one wrong turn years ago. He can help you pursue relief that not only corrects a past injustice but also opens a path toward immigration stability.
Michigan law gives you a way to fight back, but it doesn't wait forever. Don't let time run out on your opportunity to fix the past and secure your future. If you or someone you love is facing deportation after a felony conviction in Michigan, Contact Mark Linton today to explore your legal options.before that window closes. Before your past decides your future.