Witness Retaliation Conviction Upheld as Grounds for Deportation
You got your green card, traveled abroad, and came back legally — but a criminal conviction from years earlier is now being used to deport you. Robert Dziedziach, a Polish-born lawful permanent resident, spent over a decade fighting deportation after a 2012 federal conviction for conspiring to retaliate against witnesses. On August 31, 2026, the Second Circuit Court of Appeals ended that fight — and its ruling has direct implications for any green card holder with a criminal record.
You became a lawful permanent resident, built a life in the US, and then a criminal conviction put everything at risk. That is exactly what happened to Robert Dziedziach, a Polish citizen who obtained a green card in 2006 — only to face removal proceedings after a 2012 federal conviction. On August 31, 2026, the US Court of Appeals for the Second Circuit denied his petition for review, confirming that his conviction makes him deportable.
What the court decided
Dziedziach worked as a foreman at a construction company that was sued by employees for wage theft on federally funded projects. Between 2006 and 2008, he and others conspired to intimidate those employees into dropping the lawsuit. The scheme included paying $15,000 to have acid thrown on a plaintiff's girlfriend and directing someone he believed to be a Russian mobster to beat 11 people badly enough to require a three-month hospital stay. In 2012, Dziedziach pleaded guilty to conspiracy to retaliate against witnesses and parties to an official proceeding under federal law and was sentenced to 364 days in prison.
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The Second Circuit ruled that this conviction is categorically a "crime involving moral turpitude" (CIMT) — a legal term for offenses that courts consider fundamentally dishonest or harmful to society. Under US immigration law, a green card holder convicted of a CIMT within five years of being admitted to the US can be deported. The court also rejected Dziedziach's argument that the CIMT standard is unconstitutionally vague. His separate requests — for a hardship waiver based on his US citizen father and for protection under the Convention Against Torture based on a claimed fear of harm in Poland — were also denied.
The court found that the five-year clock started in 2006, when Dziedziach adjusted to lawful permanent resident status and later re-entered the US after traveling abroad — not in 1999, when he first crossed the border without inspection. Because his criminal conduct ran from April 2006 to September 2008, it fell within that five-year window.
What to do if you have a criminal conviction and a green card
- If you have any criminal conviction — even a guilty plea or a misdemeanor — consult an immigration attorney before traveling outside the US, applying to renew your green card, or filing for citizenship. A conviction that seems minor can still trigger removal proceedings.
- If you are already in removal proceedings (meaning the government has started the process to deport you), do not miss any immigration court hearing. Missing a hearing almost always results in an automatic removal order.
- Ask an immigration lawyer whether your specific conviction qualifies as a CIMT or an aggravated felony under the Immigration and Nationality Act — these are different legal categories with different consequences, and the analysis depends on the exact statute you were convicted under.
- If you fear returning to your home country, discuss Convention Against Torture (CAT) protection with your attorney. The Second Circuit's decision shows that CAT claims require specific evidence — courts look at whether the government of that country would acquiesce to harm and whether you could safely relocate within the country.
A full breakdown of this topic — in our guide “Immigration Court Rulings”.
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This ruling reinforces that immigration courts apply the 'categorical approach' to determine whether a conviction is a crime involving moral turpitude — meaning they look at the elements of the crime, not just what you actually did. If you pleaded guilty to any federal offense involving threats, retaliation, or obstruction, you need an attorney to analyze whether that statute categorically qualifies as a CIMT under Second Circuit precedent. The five-year clock for CIMT removability can restart when a green card holder travels abroad and re-enters the US, so do not assume that time has run out in your case without getting a professional review.
Frequently Asked Questions
What is a 'crime involving moral turpitude' and why does it matter for my green card?
A crime involving moral turpitude (CIMT) is a legal category for offenses that courts consider fundamentally dishonest or harmful — things like fraud, violent crimes, or witness retaliation. Under US immigration law, a green card holder convicted of a CIMT within five years of being admitted to the US can be placed in removal proceedings and deported. The exact list of crimes that qualify is not fixed — courts analyze each statute individually.
Does the five-year clock start when I first entered the US or when I got my green card?
It depends on your situation. In the Dziedziach case, the Second Circuit found that the clock restarted in 2006 when he adjusted to lawful permanent resident status and then re-entered the US after traveling abroad — not in 1999 when he first crossed the border without inspection. If you have traveled outside the US since getting your green card, the clock may have restarted at your most recent re-entry. An immigration attorney can calculate this for your specific case.
Can I apply for protection under the Convention Against Torture if I fear returning to my home country?
Yes, you can apply for CAT protection even if you are deportable due to a criminal conviction. However, the standard is high. You must show that it is more likely than not that you would be tortured if returned, that the government of that country would participate in or allow the torture, and that you cannot safely relocate within the country. The Second Circuit denied CAT relief in this case because Dziedziach did not meet those specific requirements.
If I already lost my case before an immigration judge, can I still appeal?
Yes. You can appeal an immigration judge's decision to the Board of Immigration Appeals (BIA). If the BIA rules against you, you can petition a federal circuit court for review, as Dziedziach did. However, federal courts have limited power — they generally cannot re-examine the facts, only legal questions. Each appeal has strict deadlines, so contact an immigration attorney immediately after any adverse decision.