NYC Kidnapping & False Imprisonment Deportation Lawyer

Last Updated on: 23rd June 2025, 01:49 pm

NYC Kidnapping & False Imprisonment Deportation Lawyer

When you’re facing kidnapping charges in NYC, and you’re not a US citizen – the stakes couldn’t be higher. You’re not just fighting criminal charges, you’re fighting to stay in this country. At Spodek Law Group, we’ve handled these complex cases where federal kidnapping charges collide with immigration consequences,, and we know exactly how prosecutors will try to use your immigration status against you. The government has two weapons pointed at you: criminal prosecution and deportation proceedings. They run on parallel tracks – and if you don’t have an attorney who understands both, you’re essentially bringing a knife to a gunfight.

When Federal Kidnapping Charges Intersect With Immigration Status

The Mann Act, which criminalizes transporting someone across state lines for illegal purposes, transforms what might be a state kidnapping charge into a federal nightmare. Here’s what makes it worse for non-citizens: once it becomes federal, ICE gets automatic notification through the Institutional Hearing Program.

We recently defended a client from Queens who was accused of holding his ex-girlfriend against her will and driving her to New Jersey. What started as a domestic dispute became a federal kidnapping case because they crossed state lines. The moment federal charges were filed, ICE placed a detainer on him. This meant even if we got bail on the criminal case, he’d be transfered directly to immigration detention. The MS-13 prosecutions happening across Long Island show how aggressively the feds pursue these cases when immigration status is involved. In United States v. Portillo, the Eastern District of New York convicted multiple MS-13 members of kidnapping conspiracy – every single non-citizen defendant got hit with deportation proceedings before their criminal sentences even started. The government uses something called “administrative removal” for aggravated felons,, which means no hearing before an immigration judge. You go straight from federal prison to a plane.

What most criminal defense attorneys don’t understand is how ICE operates inside the federal system. They have liaisons embedded in every federal facility who screen defendants daily. The moment you’re booked on kidnapping charges, your fingerprints go through multiple databases including IDENT and NCIC. If there’s any immigration issue – expired visa, pending application, even if you’re a green card holder – ICE knows within 24 hours. They don’t wait for conviction. HeWethey start building the deportation case immediately, gathering evidence that can be used in both proceedings.

the Deportation Timeline Running Parallel to Your Criminal Case

Building on how the Mann Act triggers federal jurisdiction, here’s the timeline you’re actually facing. While your criminal defense attorney is filing motions and negotiating plea deals, ICE is conducting its own investigation. They’re interviewing the same witnesses, reviewing the same evidence, but for a completely different purpose. In kidnapping cases, they focus on proving you’re deportable under INA 237(a)(2)(A)(iii) as an aggravated felon. The 48-hour ICE hold is where things get complicated. Even if you make bail on the criminal charges, ICE can hold you for an additional 48 hours to assume custody. But here’s what they don’t tell you – that 48 hours doesn’t include weekends or holidays.

We had a client who made bail on a Thursday afternoon. ICE held him until the following Tuesday, claiming the weekend didn’t count. By then, they’d already started removal proceedings and transferred him to the Bergen County immigration detention facility. Your criminal case continues while you’re locked up on immigration charges, making it nearly impossible to assist in your own defense. Federal detention facilities operate differently than state jails when it comes to immigration detainees. At MDC Brooklyn, they segregate pretrial detainees with ICE holds into specific units. You get less phone access, restricted visitation, and most importantly – your conversations are monitored not just by the Bureau of Prisons but also by ICE. Anything you say can be used in both proceedings. Statements made to other inmates about the criminal case got used as admissions in immigration court.

False Imprisonment as an Aggravated Felony Under immigration Law

Connecting to that deportation timeline running parallel to your case, false imprisonment gets classified as an “aggravated felony” under immigration law even when it’s a misdemeanor under New York law.

This classification comes from the Board of Immigration Appeals decision in Matter of Velazquez-Herrera, which held that any offense involving unlawful restraint of another person qualifies as a crime of violence. The immigration definition is broader than the criminal definition. Under New York Penal Law 135.05, false imprisonment requires restraining someone “unlawfully” and “without consent.” But immigration courts use something called the “categorical approach” – they don’t look at what actually happened, they look at the minimum conduct that could violate the statute. In Velazquez-Herrera, the respondent argued his conviction for false imprisonment wasn’t a crime of violence because the victim wasn’t physically harmed. The Board rejected this, holding that any restraint of another person involves the use of force. This means even grabbing someones arm to prevent them from leaving can trigger deportation. The real trap comes with plea bargaining.

Prosecutors know that false imprisonment carries immigration consequences, so they use it as leverage. They’ll offer to drop kidnapping charges (which carry 25 years) down to false imprisonment (which might only be a year). Your criminal defense attorney sees this as a win – you’re avoiding decades in prison. But under immigration law, there’s no diference. Both are aggravated felonies. Both make you deportable. Both eliminate almost all forms of relief. Countless cases where defendants pled to false imprisonment thinking they saved themselves, only to face mandatory deportation after serving their sentence.

Defense Strategies When fighting Both Criminal and Immigration Consequences

Using that Velazquez-Herrera framework we just discussed, the defense strategy has to attack the elements that make false imprisonment an aggravated felony. This isn’t about winning the criminal case anymore – it’s about structuring any resolution to preserve immigration options. Under Padilla v. Kentucky, your criminal defense attorney is constitutionally required to advise you about immigration consequences. But most criminal lawyers just say “this could affect your immigration status” and think they’ve done their job. Real immigration-safe plea bargaining in kidnapping cases requires surgical precision. We negotiate for specific language in the plea allocution that avoids admitting the use of force. For example, instead of pleading to false imprisonment, we might structure a plea to “coercion in the third degree” under NY Penal Law 135.60, which involves compelling conduct through threats rather than physical restraint. Immigration courts have held this isn’t categorically a crime of violence. Or we might plead to “custodial interference” which involves taking a child rather than restraining an adult. These distinctions seem minor but they’re the difference between deportation and staying in America. Post-conviction relief becomes critical when the criminal attorney didn’t understand immigration law. We file 440 motions arguing ineffective assistance of counsel under Padilla.

Showing prejudice – that you would have gone to trial or negotiated differently if you’d known the immigration consequences. In People v. Picca, the Second Department held that failure to advise about mandatory deportation constitutes ineffective assistance even if the defendant got a favorable sentence. We use this to reopen cases years later,, especially when immigration law changes make old convictions newly deportable.

The role of Consular Notification in Kidnapping Cases

Building on those defense strategies, there’s a powerful tool most attorneys ignore: the Vienna Convention on Consular Relations.

When you’re arrested for kidnapping as a foreign national, law enforcement must notify your consulate within 72 hours. This isn’t just some diplomatic nicety – it’s an enforceable right that can lead to suppression of evidence. The Second Circuit in United States v. De La Pava held that Vienna Convention violations can result in dismissal of charges in extreme cases. Your consulate can provide interpreters who understand not just your language but your dialect and cultural context. This matters enormously in kidnapping cases where consent and coercion get interpreted through cultural lenses. We defended a client from Bangladesh accused of kidnapping his arranged marriage bride. The consulate provided cultural experts who explained how arranged marriages work in rural Bangladesh,, showing what prosecutors called “kidnapping” was actually a traditional marriage ceremony. Without consular involvement, this cultural context gets lost. The coordination between criminal and immigration counsel becomes crucial here. While your criminal attorney is fighting the charges, your immigration attorney should be working with the consulate to document ties to your home country. This creates options for voluntary departure instead of deportation,, preserving your ability to return legally. The consulate can also pressure prosecutors through diplomatic channels. In high-profile cases, ambassadors personally intervene with the US Attorney’s office. This diplomatic pressure can be the difference between 25 years and probation.

Sentencing Considerations and deportation Relief Options

Applying those Vienna Convention violations we just covered to sentencing, judges have discretion to depart downward based on “extraordinary acceptance of responsibility.” If law enforcement violated your consular rights, we argue this undermined your ability to understand the charges and cooperate meaningfully.

In the Federal Sentencing Guidelines, this can reduce your offense level by 4 points instead of the standard 3 for acceptance of responsibility. On a kidnapping charge, that’s the difference between 97-121 months and 70-87 months. The 212(h) waiver for false imprisonment requires showing “extreme hardship” to a US citizen or permanent resident family member. But here’s the catch – it’s only available if you haven’t been convicted of an aggravated felony. This creates a Catch-22: false imprisonment is an aggravated felony, so you can’t get a waiver for false imprisonment. The workaround is getting the conviction vacated on constitutional grounds, then pleading to a non-aggravated felony. Johnson v. United States to argue that New York’s false imprisonment statute is unconstitutionally vague as applied to immigration law.

Cancellation of removal offers another path, but only for non-permanent residents who’ve been here 10 years. The problem with kidnapping cases is they usually involve domestic victims,, which triggers the domestic violence bar to cancellation. Even if the victim wasn’t a spouse or child, immigration judges read the “battery or extreme cruelty” requirement broadly. Cases where restraining a roommate during an argument got classified as domestic violence because they shared a refrigerator. Preventing any mention of cohabitation in the criminal case record. Once it’s in the plea colloquy or pre-sentence report, immigration judges will find domestic violence even where none exists.

If you’re facing kidnapping or false imprisonment charges as a non-citizen in NYC, you need attorneys who understand both systems. The criminal justice system and immigration system aren’t just running parallel – they’re actively feeding information to each other. Every statement you make, every plea you consider, every strategic decision has consequences in both forums. At Spodek Law Group, we coordinate with immigration counsel from day one,, making sure your criminal defense doesn’t become your deportation order. Contact us 24/7 at 888-997-5177 for a consultation where we’ll map out both battles you’re facing and how to win them.