A criminal charge doesn’t have to end in conviction — but if you’re a non-citizen, even an arrest can trigger immigration consequences a standard defense strategy may never address. In Fresno, where a significant portion of the population holds immigrant status, getting this wrong doesn’t just mean jail time. It can mean deportation, permanent family separation, and a bar on ever returning to the United States.
The Law Office of Sam Salhab has defended clients against criminal charges throughout Fresno and Central Valley courts since 2010. If you’re facing criminal charges and you’re worried about what they mean for your immigration status, contact our team for a free, confidential consultation available around the clock.
How Criminal Charges Put Immigration Status at Risk
The criminal system and immigration system are legally separate — but they communicate with each other in ways most defendants never anticipate. According to the Migration Policy Institute, 79 percent of ICE deportations from the U.S. interior in fiscal years 2021–2024 involved someone with a criminal conviction. The criminal justice system is the primary pipeline through which immigrants encounter immigration enforcement.
Under federal immigration law, certain criminal convictions trigger removal proceedings regardless of how long a person has lived in the U.S. or what lawful status they hold. A green card holder of twenty years can face deportation. Even a guilty plea to a reduced charge — if not carefully negotiated — can activate immigration consequences the defendant never knew existed.
The Two Legal Systems Running at the Same Time
When a non-citizen is arrested in Fresno, two separate legal processes begin simultaneously: criminal proceedings in Fresno County Superior Court and potential immigration proceedings before the Executive Office for Immigration Review. A resolution that closes the criminal case — a plea deal, a dismissal with conditions, a diversion program — does not automatically protect immigration status.
As Texas Law Help notes, approximately 70 percent of ICE arrests occur after an immigrant is released from local jail or state prison. The release date is frequently when enforcement begins, not when it ends.
Which Criminal Offenses Carry Deportation Risk
Not every criminal charge carries the same immigration consequence, but the categories that do are broader than most people realize.
Aggravated felonies under federal immigration law — a term defined by 8 U.S.C. § 1101(a)(43) — trigger mandatory deportation for lawful permanent residents and bar cancellation of removal. The list includes murder, rape, drug trafficking, firearms offenses, theft with a sentence over one year, and fraud exceeding $10,000, among others. A conviction for an aggravated felony eliminates most paths to relief before an immigration judge.
Crimes involving moral turpitude (CIMTs) are a second major category. A single CIMT committed within five years of admission — or two CIMTs at any time — can render a non-citizen deportable. CIMTs include fraud-based offenses, domestic violence, theft, and certain assault charges. California Penal Code § 273.5 (corporal injury on a spouse) has been found to qualify as a CIMT in federal immigration proceedings.
Drug offenses carry some of the broadest deportation exposure. A single possession conviction — not distribution, not trafficking — can make a non-citizen deportable under INA § 237(a)(2)(B).
Domestic violence convictions under INA § 237(a)(2)(E) are deportable offenses regardless of whether the underlying charge is a misdemeanor.
The First 72 Hours After Arrest
The decisions made in the first 72 hours after a criminal arrest can either preserve or permanently destroy immigration options. Three mistakes are most common — and most damaging.
Accepting a plea without immigration analysis. A guilty plea to a charge that appears minor under California law may constitute an aggravated felony under federal immigration definitions. Under Padilla v. Kentucky (2010), defense counsel is constitutionally required to advise non-citizen clients of the immigration consequences of a plea. Not all attorneys do this adequately.
Waiving rights without understanding the consequences. Statements made to law enforcement are admissible in both criminal and immigration proceedings. A non-citizen has the same right to remain silent as anyone in custody — exercising it is not an admission of guilt.
Missing the ICE 48-hour hold window. When a non-citizen is booked into a California county jail, ICE may issue a detainer requesting a hold of up to 48 hours after the criminal case resolves. California’s AB 60 limits local cooperation with detainers, but federal enforcement can still proceed after release.
How Criminal Defense Strategy Protects Immigration Status
The most effective protection for a non-citizen facing criminal charges is a defense attorney who integrates immigration consequences into the criminal strategy from the outset — not as an afterthought at sentencing.
Charge Negotiation with Immigration Awareness
Under California law, many offenses can be negotiated to alternative charges with different or no immigration consequences. A drug possession charge may be resolvable through Penal Code § 1000 diversion — successful completion results in dismissal, not conviction, removing the deportation trigger. A domestic violence charge may be negotiable to a disturbing the peace violation under Penal Code § 415, which does not qualify as a deportable offense under INA § 237(a)(2)(E).
Sentence Length Matters Under Federal Law
For certain offense categories, whether a sentence exceeds 364 days determines whether a conviction qualifies as an aggravated felony under federal immigration law. A sentence of 365 days or more crosses the threshold. Negotiating a sentence of 364 days or less — even if the underlying offense is the same — can make the difference between deportability and preserved status.
Attacking the Evidence
Many criminal cases with serious immigration exposure can be challenged at the evidence level: the legality of the stop or search, the reliability of witness identification, the chain of custody of physical evidence. A suppressed piece of evidence can result in dismissal before any plea or conviction triggers immigration consequences. This is why defense strategy must be built for trial, not just settlement.
Why Local Fresno Court Experience Matters
Fresno County Superior Court operates under judicial and prosecutorial patterns that attorneys who practice primarily in other counties may not recognize. The Fresno DA’s office has established policies on diversion eligibility and plea negotiation that differ from other California jurisdictions. Familiarity with those policies — and with the individual prosecutors and judges who exercise discretion in criminal cases — directly affects what outcomes are achievable.
The Law Office of Sam Salhab has litigated hundreds of criminal matters in Fresno County courts. That institutional knowledge shapes every stage of case strategy, from the arraignment through any jury trial.
Sam Salhab: Defense Built for Stakes This High
Sam Salhab began his legal career at the Fresno County Public Defender’s Office, managing serious felony caseloads before founding his firm in 2010. He has conducted over 25 jury trials and has been recognized as a Super Lawyers Rising Star (2014–2016), a Newsweek Legal Superstar (2015), and a Top 40 Under 40 by The National Trial Lawyers.
He is licensed in the State Bar of California and the Eastern District of California Federal Court. When non-citizen clients face criminal charges, Sam builds defense strategy that accounts for both the criminal outcome and its immigration consequences from the first appearance through any negotiated resolution or trial. Learn more about his approach.
The Consequences of Waiting
If you or a family member has been arrested and is concerned about immigration status, act now — not after a plea has been entered. According to the U.S. government’s deportation process guide, removal proceedings begin when ICE issues a Notice to Appear, which can be filed before a criminal case concludes.
The Law Office of Sam Salhab offers free consultations by phone, in person at our Fresno office at 2445 Capitol Street, Suite 140, or by jail interview if you’ve been detained. Call (559) 412-9888, email Sam@Salhablaw.com, or submit a request through our contact page to speak with Sam directly.
Frequently Asked Questions
Can a criminal charge lead to deportation even if I’m a green card holder?
Yes. Lawful permanent residents are deportable under specific criminal conviction categories, including aggravated felonies and crimes involving moral turpitude. Under 8 U.S.C. § 1229b, a green card holder convicted of an aggravated felony loses eligibility for cancellation of removal regardless of how long they have lived in the United States.
What is “cancellation of removal” and who qualifies for it?
Cancellation of removal is an immigration court remedy that allows some non-citizens to avoid deportation and adjust to lawful permanent resident status. For green card holders, eligibility requires at least five years of lawful permanent residence, seven years of continuous U.S. residence, and no aggravated felony conviction — making the nature of any criminal plea critically important.
Does California’s diversion program protect me from immigration consequences?
In many cases, yes. Successful completion of a Penal Code § 1000 drug diversion program results in a dismissed charge rather than a conviction, removing the federal deportability trigger. Eligibility depends on the specific charge and criminal history, and the outcome must be properly documented to hold up in immigration proceedings.
What happens if ICE places a detainer on me while I’m in Fresno County Jail?
California’s Values Act (AB 103) limits local cooperation with ICE detainer requests, but federal enforcement can still proceed after release. Having legal representation before release — not after — is the most effective way to address this risk.
Can a DUI conviction affect my immigration status?
A standard misdemeanor DUI in California is generally not a deportable offense on its own, but it can complicate visa renewals, naturalization, and green card proceedings. A felony DUI involving injury introduces crime of violence analysis under INA § 101(a)(43)(F) that can trigger deportability, making immigration-aware defense essential from the outset.
Does expungement under California law clear a conviction for immigration purposes?
No. A California expungement under Penal Code § 1203.4 does not eliminate a conviction for federal immigration purposes. Immigration law treats the original plea or finding of guilt as a conviction regardless of whether the state record has been cleared. This is a critical distinction that non-citizens must understand before pursuing expungement as a standalone remedy.
What should I do if I’m a non-citizen and I’ve just been arrested in Fresno?
Do not make statements to law enforcement without an attorney present, and do not accept any plea offer before consulting a defense attorney who understands immigration consequences. Contact the Law Office of Sam Salhab immediately — consultations are free, confidential, and available 24/7, including by jail interview.
