Written by Jayson Elliott · Attorney, Bay Legal PC · CA Bar No. 332479 · Last reviewed April 2026
Criminal Conviction and Deportation in California
Key Takeaways
- Certain criminal convictions make non-citizens deportable or inadmissible
- “Aggravated felonies” under immigration law are broader than the term suggests and include many misdemeanors
- Crimes involving moral turpitude (CIMT) can also trigger removal
- Post-conviction relief (vacating a conviction) may eliminate the immigration consequences
- Criminal defense should always consider immigration consequences for non-citizens
Crimes That Trigger Deportation
Aggravated felonies (INA §101(a)(43)): Despite the name, this category includes many offenses that are misdemeanors under state law. It covers theft or burglary with a sentence of one year or more, drug trafficking, certain fraud offenses, crimes of violence, and many others. An aggravated felony conviction makes most forms of relief from removal unavailable.
Crimes involving moral turpitude (CIMT): This broad category includes fraud, theft, assault with intent to cause serious harm, domestic violence, and similar offenses. A single CIMT within 5 years of admission, or two CIMTs at any time, can make a person deportable.
Controlled substance offenses: Nearly any drug conviction (except a single offense of simple possession of 30 grams or less of marijuana) can trigger deportation.
Domestic violence, stalking, child abuse: These are independent grounds for deportation regardless of the sentence imposed.
Defenses for Criminal-Based Deportation
Post-conviction relief: If a criminal conviction can be vacated or modified on legal grounds (ineffective assistance of counsel, failure to advise of immigration consequences per Padilla v. Kentucky), the immigration consequences may be eliminated.
Categorical approach challenges: Immigration courts analyze the elements of the criminal statute, not the specific conduct. If the statute is broader than the immigration definition, the conviction may not be a deportable offense.
Cancellation of removal for LPRs: Green card holders with 7+ years of continuous residence and 5+ years as an LPR may qualify if their conviction is not an aggravated felony.
Bay Legal PC — Removal Defense Attorneys
Bay Legal PC in Palo Alto handles removal defense cases throughout California. Free initial consultations available.
Get a Free Consultation →Frequently Asked Questions
Is a DUI an aggravated felony?
Generally no. A simple DUI is not classified as an aggravated felony under immigration law. However, DUI with injury, felony DUI, or repeat DUI offenses may have immigration consequences depending on the specific conviction.
Can a misdemeanor lead to deportation?
Yes. Many misdemeanors qualify as aggravated felonies or crimes involving moral turpitude under immigration law. The immigration classification does not depend on whether the offense is a felony or misdemeanor under state law.
Should I tell my criminal defense lawyer about my immigration status?
Absolutely. Under Padilla v. Kentucky (2010), criminal defense attorneys have a constitutional obligation to advise non-citizen clients about the immigration consequences of guilty pleas.
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Jayson Elliott, Bay Legal PC · Palo Alto, California
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