Whether or not Immigrants sentenced to probation for aggravated felony charges are subject to removal from the U.S. is unclear. The U.S. Supreme Court refused to consider the case. The potential mandatory removal eliminates immigrants from most types of deportation relief.

The case under consideration is under the Eleventh Circuit. In that ruling, an immigrant probation sentence for two separate battery charges may be considered as suspended imprisonment. The Immigration and Nationality Act (INA) removes most deportation relief from individuals who commit aggravated felonies. Aggravated felonies are considered crimes of violence. Generally, these felonies include imprisonment for a minimum of one year. If the probation periods are considered suspended imprisonment, the immigrant is subject to mandatory deportation and loss of relief.

A group of attorneys and public defenders urged the U.S. Supreme Court to overturn the lower court’s decision. They claim the decision is not justifiable. Applying the severe immigration consequences to an individual who a lower court did not sentence to any jail time is an extreme outcome.

Probation sentences are not seen as particularly serious for most criminal judges. The Eleventh Circuit decision converts the probation sentences into something more serious. Appealing the deportation orders to the court, the individual emphasized the probation sentence did not include a “period of confinement”, according to the petition to the Supreme Court.

In the U.S., 3.5 million individuals are sentenced to probation annually. These probations are the result of either felonies or misdemeanors. The impact to other immigrants, based on this matter, may result in a precedent that unfairly punishes immigrants. How immigration courts treat probation is a larger issue. With the Supreme Court refusing to hear the matter, few options are available to immigrants.

ILBSG continues to monitor immigration matters and how they may affect our clients. If you have questions about any immigration-related issue, contact us. We work with you to ensure you get the right advice.

Deportation Removal