Legal Requirements for Deportation
In 2010, immigration attorney Christopher Stender successfully blocked the removal of Nigerian citizen Lawrence Eneh, who would have faced torture in the form of withdrawal of medication had he returned to his native country. As an immigration attorney, Christopher Stender has also spoken before colleagues on the representation of noncitizen criminal defendants.
Under United States law, any foreign national may face removal from the country if he or she violates his or her terms of stay. In many cases, this refers to the attempt to stay permanently in the United States without the proper paperwork. Documented immigrants may also become eligible for removal, however, if they commit an aggravated felony, a drug crime, or a crime of moral turpitude. Any and all drug crimes are grounds for deportation, with the exception of a single offense of marijuana possession of less than 30 grams.
Foreign nationals are also prohibited from falsely representing themselves to U.S. immigration officials and from withholding information about their own current address. Engaging in terrorist activity, espionage, or any other actions that endanger the United States and its citizens are all cause for deportation as well. However, regardless of the crime, no foreign national may return to his or her own country under duress if he or she faces torture in any form upon return.