Criminal immigration
Criminal Immigration Lawyer — a Former Immigration Judge and ICE Counsel
If you are not a U.S. citizen and you, or someone in your family, have been arrested, charged with a crime or convicted, the criminal case is only half of the problem. The same charge or plea can lead to ICE detention, deportation or a denied green card or citizenship application. Carlos Maury, a former U.S. Immigration Judge who heard cases at the Van Nuys Immigration Court, and before that served as government immigration counsel and as a public defender, handles the immigration side, in English and Spanish, working alongside your own criminal defense lawyer.
Carlos Maury is no longer on the bench and cannot influence any sitting judge or pending case.
All three seats
In immigration court, a criminal record is read by the judge who decides the case, the Department of Homeland Security (DHS) attorney who uses it to seek removal, and the lawyer who defends against it. Carlos Maury has sat in each of those seats, and he also knows how criminal cases are resolved.
The bench
Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015. A judge facing a conviction first decides whether it fits a removal ground, usually under the categorical approach, which compares the elements of the state statute with the federal definition rather than what the person actually did. Then, for most relief, the judge weighs the record in the exercise of discretion: seriousness, how long ago it happened, rehabilitation, family ties and hardship. As a judge, Carlos Maury decided roughly six hundred asylum cases on their merits in recent years (TRAC judge report (opens in new tab)).
The government table
From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement (ICE) in Los Angeles, rising to deputy chief counsel. DHS counsel obtains the record of conviction, chooses the removal charges, argues that an offense is an aggravated felony or a crime involving moral turpitude, and opposes bond and relief. Having done that work, Carlos Maury knows which documents the government relies on and where its charges can be challenged.
The defense table
From 1993 to 2000 he was an assistant public defender in Florida's Eleventh Judicial Circuit. That work taught him how criminal cases actually resolve, through charging decisions, plea negotiations and sentencing, often under time pressure, so he can speak the same language as your criminal defense lawyer.
None of this can promise a particular outcome; every case turns on its own facts and the law.
What we handle
We handle the immigration consequences of arrests, charges and convictions. Our guide to crimes and deportability under INA 237 explains the law, and each item below links to the relevant section or guide.
- Immigration analysis of charges and plea offers. We explain the immigration effect of the charge, possible pleas and sentence to you and your criminal defense lawyer. See Padilla and post-conviction relief.
- Removal proceedings on criminal grounds. We contest the charges and seek relief before the immigration judge. See deportability grounds under INA 237.
- ICE detainers and detention. When ICE places a hold or takes custody, we act quickly. See immigration detention.
- Bond hearings. Where release is allowed, we present evidence of rehabilitation and family ties. See bond hearings.
- Cancellation of removal. Long-term residents, with or without a green card, may qualify despite some convictions. See cancellation of removal.
- Waivers, including the 212(h) waiver. Some criminal grounds of inadmissibility can be forgiven. See inadmissibility and waivers.
- Withholding of removal and Convention Against Torture (CAT) protection. These may protect someone whose record bars asylum. See withholding of removal.
- Motions to reopen after a vacatur. When a criminal court vacates a conviction for a legal defect, the immigration case may need to be reopened. See motions to reopen.
- Appeals to the Board of Immigration Appeals. Whether an offense fits a removal ground is often a legal question worth appealing. See the Board of Immigration Appeals.
- Naturalization with a criminal record. An application can expose you to removal, so we review the record first. See naturalization.
Before you plead
In Padilla v. Kentucky, 559 U.S. 356 (2010), the Supreme Court held that criminal defense counsel must advise a noncitizen client about the risk of deportation from a guilty plea, and that where the consequence is clear, the advice must be clear too.
We work with your criminal defense lawyer, not instead of them. We review the charging document, the statute and the likely record of conviction, explain which outcomes carry which immigration consequences, and identify alternative pleas or sentences your lawyer may want to raise in negotiations. The statute and subsection, the wording of the plea and the length of any sentence, even a suspended one, can decide the immigration case. Whether the prosecutor or court agrees is never assured, and we do not promise any outcome. For a first look at the questions, try our conviction self-check.
California adds its own rules. Penal Code § 1016.3 requires defense counsel to give accurate and affirmative advice about the immigration consequences of a proposed disposition, and directs the prosecution to consider avoiding those consequences in plea negotiations. Under Penal Code § 1016.5, the court must advise a defendant, before accepting a guilty or no contest plea, that a conviction may lead to deportation, exclusion from admission or denial of naturalization. That general advisement does not replace advice about your case.
After a conviction
Under Matter of Pickering, 23 I&N Dec. 621 (BIA 2003), a conviction vacated because of a substantive or procedural defect in the criminal proceedings no longer counts for immigration purposes. One vacated solely for rehabilitation or to avoid immigration hardship generally still does. The reason for the vacatur, and how the order is written, matters.
In California, Penal Code § 1473.7 lets a person no longer in criminal custody move to vacate a conviction or sentence that is legally invalid because of a prejudicial error damaging the ability to meaningfully understand, defend against or knowingly accept its immigration consequences.
That motion is filed and argued in criminal court by criminal counsel. Our role is the immigration case: assessing whether a vacatur would help, telling your criminal lawyer what the immigration court will need to see, and then presenting the new order to the immigration judge or the Board of Immigration Appeals, for example through a motion to reopen. See Padilla and post-conviction relief.
Common offenses
Every case depends on the exact statute, the record of conviction and the person's status. These are the questions we hear most often.
Can I be deported for a DUI?
A simple DUI is generally not, by itself, a ground of deportability, but it weighs against bond and discretionary relief, and multiple DUIs can raise good moral character problems. A DUI with aggravating elements, such as knowingly driving on a suspended license, can be treated more harshly.
What about drug offenses, including marijuana?
Immigration law follows federal drug law, so state legalization of marijuana does not change it. Almost any controlled-substance conviction makes a person deportable, except a single offense of possession for one's own use of 30 grams or less of marijuana (INA § 237(a)(2)(B)(i) (opens in new tab)). See drug, firearm and domestic-violence offenses.
What about domestic violence, stalking or a protective order?
A crime of domestic violence, stalking, or child abuse, and a court finding that a person violated the protective part of a protection order, are grounds of deportability (INA § 237(a)(2)(E) (opens in new tab)).
Are theft and fraud crimes involving moral turpitude?
Usually, yes, which can make a person deportable or inadmissible depending on timing, the possible sentence and the number of convictions. A theft offense with a sentence of one year or more, even suspended, can be an aggravated felony. See crimes involving moral turpitude.
What about firearms offenses?
Many firearm convictions are a separate ground of deportability (INA § 237(a)(2)(C) (opens in new tab)), even when the offense seems minor in criminal court.
What is an aggravated felony?
Despite the name, an aggravated felony under INA § 101(a)(43) (opens in new tab) can include some state misdemeanors. It generally bars asylum and cancellation of removal for permanent residents. See aggravated felonies.
If ICE has placed a hold
When someone is booked into jail, ICE may issue a detainer on Form I-247A asking the jail to hold the person up to 48 hours beyond their release time (8 C.F.R. § 287.7(d) (opens in new tab)). ICE can then take custody, serve a Notice to Appear and start removal proceedings in immigration court, often before the criminal case is over.
Some offenses trigger mandatory detention under INA § 236(c) (opens in new tab), and the judge generally cannot set bond. The Laken Riley Act of 2025 added certain people who entered without inspection or lack documents and are charged with, arrested for or convicted of certain theft-related or assault-related offenses. See detention and relief after a conviction. Where bond is allowed, we prepare the request.
For what families should do first, see when a loved one is detained by ICE and your rights if ICE comes to your door. Detained cases are heard at courts such as the Adelanto Immigration Court.
Relief despite a record
- Cancellation of removal for permanent residents. Generally requires five years as a permanent resident, seven years of continuous residence after admission, and no aggravated felony (INA § 240A(a) (opens in new tab)). Under the stop-time rule, the seven years can end when the Notice to Appear is served or certain offenses are committed. See cancellation of removal.
- Cancellation for non-permanent residents. Generally requires ten years of continuous physical presence, good moral character, and exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent or child. Certain convictions bar it.
- The 212(h) waiver. It can forgive some criminal grounds of inadmissibility, such as certain crimes involving moral turpitude. See inadmissibility and waivers.
- Withholding of removal and CAT. A particularly serious crime bars withholding, but deferral of removal under CAT remains available regardless of the record. See withholding of removal.
- Naturalization and travel. Applying for citizenship or traveling abroad with a record can trigger removal proceedings. See naturalization.
Mistakes that can hurt the immigration case
- Pleading before an immigration analysis. A good deal in criminal court can be permanent in immigration court.
- Assuming an expungement or dismissal fixes it. Many expungements and diversion dismissals still count as convictions for immigration purposes.
- Missing an immigration hearing. The judge can order you removed in your absence.
- Traveling abroad. A permanent resident with certain offenses can be stopped on return.
- Applying to naturalize without a review. The application asks about every arrest.
- Talking to ICE without counsel. Statements can be used against you. Ask to speak with a lawyer first.
- Letting a notario handle it. A "notario" is not a lawyer and cannot represent you in immigration court.
- Waiting on bond. Delay means more time in detention.
Serving Los Angeles & Southern California
Our office is in Van Nuys, in the San Fernando Valley, and we regularly handle cases in the immigration courts of Los Angeles and Southern California:
- Los Angeles immigration court
- West LA immigration court
- Van Nuys immigration court
- Santa Ana immigration court
- Adelanto immigration court (detained cases)
- San Diego immigration court
- Otay Mesa immigration court (detained cases)
- Imperial immigration court
See all Los Angeles-area immigration courts.
Our page on the Southern California immigration courts covers all eight court locations, including the border courts in San Diego, Otay Mesa and Imperial.
Immigration law is federal, so we represent clients across the country and work with criminal defense lawyers wherever the criminal case is pending. We appear in immigration courts in all 50 states, in person or by video where the court allows. Find your court among all 77 immigration courts. Meetings at the Van Nuys office are by appointment only.
Carlos Maury is licensed in Florida. Practice limited to federal immigration law; we represent clients in all 50 states.
About Carlos Maury
Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015 (EOIR announcement (opens in new tab)). From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement in Los Angeles, rising to deputy chief counsel. Before that he was district counsel for the former Immigration and Naturalization Service in Miami from 2000 to 2002, and an assistant public defender in Florida's Eleventh Judicial Circuit from 1993 to 2000.
He earned his J.D. from the University of Miami School of Law in 1992 and his B.A. from City College of the City University of New York in 1989. He is a member of The Florida Bar (No. 964239) and works with clients in English and Spanish. Read more about Carlos Maury.
Frequently asked questions
Can I be deported for a DUI?
A single simple DUI is generally not, by itself, a ground of deportability. But it can weigh against bond and discretionary relief, multiple DUIs can raise good moral character problems, and a DUI with aggravating elements can be treated more harshly.
What is an ICE hold, and what happens when one is placed?
An ICE hold, or detainer, asks a jail to keep a person up to 48 hours past release so ICE can take custody and start removal proceedings. Depending on the offense, the person may ask an immigration judge for bond or may be subject to mandatory detention. Call as soon as you learn of a hold.
I already pleaded guilty. Is it too late?
Not always. We first review whether the conviction triggers a removal ground and what relief remains. If the plea had a legal defect, such as missing immigration advice, your criminal lawyer may seek post-conviction relief, for example under California Penal Code section 1473.7. A vacatur for a legal defect is generally recognized in immigration court; one granted only to avoid deportation is not.
Will you work with my criminal defense lawyer?
Yes. We explain the immigration consequences of the charges and possible pleas to you and your criminal defense lawyer. Your criminal lawyer decides strategy in the criminal case; we handle the immigration side.
Can you represent me in my criminal case?
No. Carlos Maury practices federal immigration law only and is licensed in Florida. Your criminal case needs a criminal defense lawyer licensed in the state where it is pending. We work alongside that lawyer on the immigration side.
Can Carlos Maury influence the judge deciding my case?
No. Carlos Maury is no longer on the bench and cannot influence any sitting judge or pending case. What he offers is preparation and experience, not access.
Can I apply for citizenship or travel with a criminal record?
Sometimes, but get a review first. A naturalization application asks about every arrest, and USCIS can refer an applicant who appears deportable for removal proceedings. A permanent resident with certain offenses who travels abroad can be treated as seeking admission on return.
Do you handle criminal immigration cases at the Los Angeles-area immigration courts?
Yes. We handle the immigration side of criminal cases at the Los Angeles, Van Nuys, West LA and Santa Ana immigration courts, at Adelanto for detained cases, and further south at San Diego, Otay Mesa and Imperial. Our office is in Van Nuys, in the San Fernando Valley, and meetings there are by appointment only. We also take cases at any immigration court nationwide.
Do you take cases outside California?
Yes. Immigration law is federal, so we represent clients in immigration courts in all 50 states, in person or by video where the court allows. Carlos Maury is licensed in Florida, and the practice is limited to federal immigration law.
Do you speak Spanish?
Yes. Carlos Maury speaks English and Spanish.
What should I bring to the first call?
Have ready the charging documents, plea forms, the judgment or minute orders, the sentence, the police report if available, and your immigration papers, such as your green card, any Notice to Appear and hearing notices.
Talk with a former immigration judge about your record
Whether you face a charge, have a plea offer, already have a conviction, or a family member is held by ICE, call to discuss the immigration side of your case. Hablamos español.