California voters passed Proposition 47 with a comfortable 58.46% “Yes” majority last week, and that’s welcome news for many incarcerated aliens facing criminal deportation and many who have been ordered deported.
Proposition 47, also known as the Safe Neighborhoods and Schools Act, has downgraded certain felonies to a lesser misdemeanor status. California is the first state to pass such a law. The new statute’s main purpose is to deal positively with the severely overcrowded conditions in the state’s prisons and is projected to affect about 4,700 inmates. In the process, the same statute has the power to provide deportation relief for thousands of incarcerated aliens currently awaiting deportation in California prisons.
Proposition 47: Quick Action Is Critical for Aliens
“Time is of the essence when it comes to applying for immigration release or filing a motion for reopening your deportation case,” said Sassoun A. Nalbandian, lead immigration attorney at Nalbandian Law in the Los Angeles area. “Any delays in seeking professional legal advice may jeopardize your chance to obtain release under these new laws. So I urge you to consult with us immediately,” Mr. Nalbandian emphasized.
Over the past 15 years, the immigration experts at Nalbandian Law have earned a 99% track record of successes representing thousands of clients.
New Law Destined to Be a Life-Changer for Certain Aliens
As a result of Proposition 47’s decriminalization of certain crimes:
a) Many crimes by aliens may no longer be deportable crimes.
b) Incarcerated aliens may be eligible for immigration bond/bail.
c) Aliens who have been ordered deported may be able to have their deportation orders reopened, thereby, keeping their legal status in the U.S.
Proposition 47 Felonies Downgraded to Misdemeanors
With the passage of Proposition 47, those charged with a set of crimes previously classified as felonies will now be charged with misdemeanors (nonserious/nonviolent property and drug crimes). These crimes include:
- Check Forgery
- Check or credit card fraud for amounts $950 or less
- Possession of stolen goods – for amounts $950 or less
- Certain drug crimes involving simple possession for personal use, not for sale or trafficking
- Shoplifting – a new misdemeanor crime now defined as entering a commercial establishment during business hours with the intent to steal items valued at $950 or less. This crime can no longer be charged as felony theft or commercial burglary.
Proposition 47 Can Downgrade Convictions and Reverse Pending Deportations
This is one of the most powerful aspects of the new statue as it relates to aliens, Mr. Nalbandian explained. Any immigrant who has been ordered deported, or is facing possible deportation due to previous convictions or who is facing pending criminal charges can be positively affected by Proposition 47 if their type of felony crime has been reclassified as a misdemeanor. The law is very specific on this subject. Under Proposition 47, a post-conviction redesignation of a felony to a misdemeanor is valid for all purposes, including deportation treatment.
Important Advice on Winning your Deportation Case
- Consult with your criminal attorney and an experienced criminal deportation immigration attorney like Nalbandian Law because both attorneys need to work together to strengthen your case and ensure that you get the maximum benefit from Proposition 47.
- Ideally, your motion to reopen should be filed within 90 days of the passage of Proposition 47 on November 5, 2014. There are also other recent changes in criminal deportation laws, such as convictions for possession of firearms, that may allow you to maintain your status in the United States. Contact Nalbandian Law as soon as possible and set up consultation.
- Be sure to have your entire criminal history with you when you come for your consultation. You can obtain your records from your local courthouse free of charge.
Schedule a Deportation Consultation Today!
Call Nalbandian Law today, (818) 244-0310, or contact us online for a personal consultation with one of our experienced immigration lawyers about the new Proposition 47 law and how it affects you. We’ll review your situation and explain how our top-notch preparation can help you win your case for deportation relief.
*Approval rates do not guarantee future approval of your petition. No attorney can ethically guarantee any outcome. Always consult with a licensed, competent immigration attorney such as the experienced immigration attorneys at Nalbandian Law before filing your case.