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The threshold for restitution that triggers the AF for fraud and deceit offenses is $10K, so whether $50K or $171K - no difference. However as I mentioned this should not matter for a theft offense. All that matters for theft offenses is length of sentence - 1 year or longer triggers AF.
When DHS came to see you they did not mention the words "aggravated felonies" because, I think, you will not be charged as such.
Your two immigration defenses then are trying to argue "single scheme of criminal misconduct" and the Cancellation of Removal. Just be prepared to be locked up for a while because you will not get bond and you may be in for a long road of motions and appeals.
You could also try with a criminal attorney to vacate your convictions on the grounds that you did not know this would trigger removability, since your sentence was under one year, but if successful that just takes you back to ground zero, before you entered your plea - and nine months for three residential burglaries is a pretty good deal. Vacating a plea withdraws it and takes you back to the point in your case before you pled guilty. The case can be picked up anew from there by the D.A.
Pay attention to the coram nobis relief (the thread also discusses 212(c) but you are not eligible for that) - you would do the exact equivalent, but habeas corpus. Coram nobis is an attempt to vacate a plea after the sentence and any probation and parole are completed. Habeas Corpus in this context is trying to do the same thing, but before the sentence, probation or parole is up.
Also pay attention to the issue of vacating a plea due to failure to advise of immigration consequences, but in your case you would argue a misadvisal of imm. consequences or an inadequate, misleading or incomplete advisal.
That sort of relief - vacating the plea - is quite complex so I can't answer questions in this forum about it beyond what I wrote in the above two threads.
When DHS came to see you they did not mention the words "aggravated felonies" because, I think, you will not be charged as such.
Your two immigration defenses then are trying to argue "single scheme of criminal misconduct" and the Cancellation of Removal. Just be prepared to be locked up for a while because you will not get bond and you may be in for a long road of motions and appeals.
You could also try with a criminal attorney to vacate your convictions on the grounds that you did not know this would trigger removability, since your sentence was under one year, but if successful that just takes you back to ground zero, before you entered your plea - and nine months for three residential burglaries is a pretty good deal. Vacating a plea withdraws it and takes you back to the point in your case before you pled guilty. The case can be picked up anew from there by the D.A.
Pay attention to the coram nobis relief (the thread also discusses 212(c) but you are not eligible for that) - you would do the exact equivalent, but habeas corpus. Coram nobis is an attempt to vacate a plea after the sentence and any probation and parole are completed. Habeas Corpus in this context is trying to do the same thing, but before the sentence, probation or parole is up.
Also pay attention to the issue of vacating a plea due to failure to advise of immigration consequences, but in your case you would argue a misadvisal of imm. consequences or an inadequate, misleading or incomplete advisal.
That sort of relief - vacating the plea - is quite complex so I can't answer questions in this forum about it beyond what I wrote in the above two threads.
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