Question:

Can you get deported for solicitation of marijuana for sale in az?

Answer:

If you are not a United States citizen, pleading guilty to a criminal offense may have significant immigration consequences including deportation. It’s best to consult an immigration attorney to determine the specific consequences that your charge may have.

Additionally, as noted by Mr. Bogan:

HIRE AN IMMIGRATION LAWYER before pleading to this charge.

The short answer is that you could be deported. Case law is murky here in my opinion. However, I am a criminal defense attorney in California. You need to speak to an experienced immigration attorney. In fact, I want to move your discussion to the immigration section here.

The Ninth Circuit Court of Appeals has various rulings that were very fact specific in their analysis of the case. In other words, just because the people in those cases may not have been deported, the ruling in their case would not necessarily apply to you.

The relevant immigration law is INA § 237(a)(2)(b)(i). That section reads:

“Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana, is deportable.”

On its face it says YES THAT CRIME would be deportable. An immigration attorney would be in a better position to give the more appropriate answer.

Two cases of significance are:

Mielewczyk v. Holder, 575 F.3d 992 (9th Cir. 2009).
U.S. v. Rivera-Sanchez, 247 F.3d 905 (9th Cir. 2001)


Hope this helps.  Good luck!


Verdura Law Group PLLC
http://verduralaw.com
602-421-0515

Premier Phoenix Criminal Defense and DUI Law Firm.  Serving Phoenix, Chandler, Mesa, Gilbert, Scottsdale, Goodyear, Buckeye, Glendale, Avondale, Peoria, Tempe and the greater Phoenix area.

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