What if he was a foreigner?

Wednesday, April 16th, 2008
By: Jonathan MontagJ.D.

Charlie Sheen

Charlie Sheen, also known as Carlos Estevez, was convicted by virtue of a no-contest plea to a charge of battery with serious criminal injury on June 10, 1997. He received a sentence of confinement of one-year, which was suspended. If he were a foreigner, he would be deportable on two separate grounds. Firstly, for having committed a crime of domestic violence, INA § 237(a)(2)(E), as he was dating the victim, for which a pardon under INA § 240A(a) would be available if he were a permanent resident for five years and resided in the United States after lawful admission for seven years, and not an aggravated felon. Unfortunately, as he was sentenced to a year’s detention, despite the fact that the sentence was suspended, he would be an aggravated felon pursuant to INA § 101(a)(43)(F) as an alien who committed a crime of violence with a sentence of a year or more, and be deportable as an aggravated felon pursuant to INA § 237(a)(2)(A)(iii) and ineligible for a pardon because he is an aggravated felon pursuant to INA § 240A(a)(3).


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