Could I Lose My U.S. Citizenship Due to a Drug Conviction?

Under United States immigration law, a non-citizen may be removed (deported) from the country if they are convicted of an aggravated felony or a “crime of moral turpitude.” But what about an immigrant who becomes a naturalized citizen of the United States? Is it possible to lose your citizenship due to a criminal conviction?

In general, a person will not lose their citizenship if convicted of a crime after they are naturalized. But it is possible to face civil “denaturalization” and removal from the country if the government can prove you lied about a crime committed before you became a citizen. Under federal immigration law, an applicant for citizenship must demonstrate “good moral character” in the 5 years preceding their application for naturalization. So if you committed a crime during that five-year period and failed to disclose it on your naturalization application, that can serve as grounds to revoke your citizenship after the fact.

11th Circuit Gives Naturalized Citizen a Second Chance at a Defense

Keep in mind, individuals facing the loss of their U.S. citizenship still have certain due process rights. A recent decision from the United States Court of Appeals for the 11th Circuit, United States v. Munoz, provides a case in point. In this case, the defendant applied for U.S. citizenship in 2009. On his application, he stated he had never committed a crime for which he had not been arrested or that involved the sale or smuggling of illegal drugs. The defendant repeated these statements several more times during the application process.

The defendant was naturalized as a U.S. citizen in September 2009. About 2 years later, a grand jury indicted him and several others on charges of cocaine trafficking. The original indictment alleged the criminal acts occurred between 2010 and 2011–after the defendant’s naturalization–but an amended indictment alleged the conspiracy dated back to 2008.

The defendant pleaded guilty to drug trafficking. At a hearing, the defendant said he began distributing marijuana in “late 2008” before getting involved in cocaine distribution in 2010. The judge warned the defendant his admissions “could have an effect” on his citizenship. The court ultimately sentenced the defendant to over 15-and-a-half years in federal prison, which was at the low end of the range provided in the Federal Sentencing Guidelines.

Another six years passed before the federal government filed a civil lawsuit seeking to revoke the defendant’s U.S. citizenship. Specifically, the government alleged that the defendant had lied about his pre-2009 involvement in drug trafficking on his application for naturalization. A federal district court granted summary judgment to the government. On appeal, however, the 11th Circuit reversed and returned the case for further proceedings. The 11th Circuit explained that the trial court barred from “relitigating” the date when the alleged drug conspiracy began. But there was no such bar. In fact, when the drug conspiracy began it was immaterial to the defendant’s criminal conviction and sentence. The defendant was therefore free to argue he was not involved in illegal drug trafficking prior to his application for citizenship.

Contact the Joshi Law Firm Today

Any felony conviction–especially on drug charges–can have adverse consequences for both immigrants and naturalized United States citizens. That is why it is important to work with a qualified Orlando immigration crimes and immigration fraud lawyer who can advise you of your rights and advise you on an appropriate course of action. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.

Source:

media.ca11.uscourts.gov/opinions/pub/files/202211574.pdf