Chicago, IL asked in Criminal Law and Immigration Law for Oklahoma

Q: In Oklahoma does a drug felony result in deportation even if your a green card holder?

Husband is in OKC for drug trafficking he was sentenced to 4 years and wasn’t told about deportation once time is served. Will he be deported or would he have been told during his sentencing?

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1 Lawyer Answer
Robert Donald Gifford II
Robert Donald Gifford II
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: It is very likely. A drug trafficking offense is one that will get you deported, however, and assuming he pleaded guilty rather than taking it to trial, the United States Supreme Court stated in Padilla v. Kentucky that a plea is not a knowing and voluntary one if he was not advised of the collateral consequences of the plea (that he could be deported).

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