Last week, Atiya Law achieved a major legal victory by successfully helping a client set aside two separate criminal convictions in the cities of Dearborn Heights and Romulus after he had already entered pleas and completed probation. This case highlights the critical connection between state criminal defense and federal immigration status.
Although our client had fully resolved both criminal cases and fulfilled all terms of his probation, a severe problem remained: he was never properly advised of the potential immigration consequences before entering his pleas.
For noncitizens, a criminal conviction can create devastating complications; including inadmissibility, deportation or removal proceedings, and bars to obtaining lawful permanent residence (a green card) or U.S. citizenship. The exact impact depends on the nature of the offense, the underlying facts, the client’s current legal status, and federal immigration statutes.
Recognizing the severe risk these prior convictions posed to our client’s future, Atiya Law pursued post-conviction relief. We obtained complete court records, including plea hearing transcripts and case files, to prove to the court that our client was never informed of the immigration risks before pleading guilty.
This successful outcome demonstrates why every criminal case must be evaluated not only from a criminal defense perspective, but also through the strict lens of federal immigration law.
The Sixth Amendment and Immigration Advice During Guilty Pleas
Under the landmark U.S. Supreme Court decision in Padilla v. Kentucky, 559 U.S. 356 (2010), the Sixth Amendment right to effective assistance of counsel requires criminal defense attorneys to advise noncitizen clients about the immigration consequences of entering a guilty plea.
- When immigration consequences are clear: Defense counsel has an affirmative duty to give correct and specific legal advice regarding those risks.
- When the law is complex or unclear: Defense counsel must explicitly advise the client that the plea carries a risk of adverse immigration consequences.
When an attorney fails to provide this constitutionally required advice, a noncitizen has valid legal grounds to challenge their conviction. To prevail, the individual must show both that counsel’s performance was deficient and that they suffered legal prejudice, meaning that had they been properly advised, they would not have entered the plea.
In Michigan, challenging an old conviction typically involves filing a Motion for Relief from Judgment under MCR 6.500. When a court grants relief based on a constitutional defect like ineffective assistance of counsel, the conviction is vacated.
Why Old Criminal Cases Can Still Threaten Your Immigration Status
One of the most common misconceptions among noncitizens is that a criminal case stops mattering once probation is completed or fines are paid. Unfortunately, federal immigration law does not work that way.
Even if a conviction occurred years or decades ago, it could still trigger deportation or block an immigration application today. Depending on the criminal charge, a prior plea can create severe obstacles when.
- Applying for or renewing a Green Card (Lawful Permanent Residence).
- Applying for U.S. Citizenship through Naturalization.
- Adjusting status or seeking travel re-entry into the United States.
- Defending against removal or deportation proceedings in Immigration Court.
A person who has lived in the United States for decades, maintained employment, raised a family, and successfully completed probation can still face sudden detention or removal due to an old, misadvised guilty plea.
Does a State Expungement Protect You From Immigration Consequences?
Many people assume that obtaining a state expungement or “clean slate” record clearing means a conviction disappears for all legal purposes. Under federal immigration law, this is not true.
Federal immigration statutes generally treat a state expungement granted purely for rehabilitation or passage of time as still being a valid conviction.
However, there is a crucial legal distinction: if a conviction is vacated or set aside due to a procedural or constitutional error, such as a violation of your Sixth Amendment rights under Padilla, the conviction is legally eliminated for immigration purposes.
Additionally, when cases have been expunged or archived, retrieving original transcripts and court files becomes much more difficult. Missing or destroyed court records can complicate evaluating whether post-conviction relief is possible. This is why having an experienced attorney review the actual court disposition is essential.
What If You Are Already Detained by Immigration Authorities?
Waiting until ICE detention or removal proceedings begin makes resolving an old criminal conviction vastly more difficult.
When someone is detained by immigration authorities, their legal team must act quickly to obtain old criminal files, order plea transcripts, investigate prior counsel’s performance, and draft post-conviction motions. Gathering archived records and securing court dates in state circuit or district courts takes time.
Meanwhile, immigration court proceedings move forward. An early review of your criminal history allows you to identify and fix challengeable convictions before immigration detention or removal proceedings ever begin.
Have Every Criminal Case Reviewed Early
You do not need an extensive criminal history to face life-altering immigration consequences. Even a single misdemeanor plea can trigger deportation depending on the offense.
If you have a criminal record and are concerned about your immigration status or future applications, do not wait until you face detention or denial to seek legal counsel. An attorney experienced in both criminal defense and immigration law can review your court records, identify constitutional errors, and file the appropriate motions to protect your future in the United States.
Final Thoughts
If you or a family member need information regarding a specific case or the assistance of experienced attorneys fighting for people like you every day, call our 24/7 English/Spanish line at (248) 951-2450 or reach out to us at Atiya Law