Ohio Felony Plea Led to ICE Detention: What Went Wrong

What if you consulted an immigration attorney before your plea — and still ended up in ICE detention? That is exactly what happened to Ahmad Saher, a 22-year-old student from Dubai. He pleaded no contest to a felony in Ohio, received probation instead of prison, and was later detained by ICE at the Northeast Ohio Correctional Center in Youngstown. In November 2026, the Ohio Court of Appeals for the Eighth District affirmed the trial court's decision to deny his request to withdraw that plea.

What the court found

Saher was charged with failure to comply with a police officer's signal — a third-degree felony in Ohio — after he fled a traffic stop on a motorcycle at over 100 mph. His criminal defense attorney, who had practiced for 50 years, knew Saher was not a U.S. citizen and was on a work visa. The attorney researched immigration consequences, consulted two other criminal lawyers, and arranged a three-way phone call with an immigration attorney. That immigration attorney told them that, given Saher's legal visa, clean record, and likely non-prison sentence, he "should be okay" — but offered no guarantees. The criminal defense attorney later admitted he did not personally review 8 U.S.C. 1227, the federal deportation statute, and did not know that failure to comply could qualify as a "crime involving moral turpitude" — a category that makes a non-citizen deportable. He acknowledged his assumption "turned out wrong."

At the January 2026 hearing, Saher testified that no one told him the offense was a crime involving moral turpitude, and that he would not have pleaded no contest if he had known deportation was a near-certain consequence. His attorney testified that going to trial would have been "futile" — surveillance video and a license plate identified Saher, and the prosecutor's office had a firm policy of no charge reductions in such cases. The trial court denied the motion to withdraw the plea. The appeals court agreed, finding the record did not support a claim of ineffective assistance of counsel that would justify undoing the plea.

Why this matters for immigrants in removal proceedings

This case shows a gap that can trap immigrants: a criminal defense attorney who tries hard, refers the client to an immigration lawyer, and still gets the immigration analysis wrong. The immigration attorney on that phone call also did not flag the moral turpitude issue. Saher told the court he understood there was "a chance one way or the other" — and courts treat that kind of general awareness as enough to uphold a plea. Under federal law, a single crime involving moral turpitude committed within five years of admission, with a potential sentence of one year or more, can make a non-citizen deportable under 8 U.S.C. 1227(a)(2)(A)(i). A third-degree felony in Ohio carries up to 36 months.

What to do

• If you are not a U.S. citizen and face any criminal charge — even a traffic-related felony — hire an immigration attorney separately from your criminal defense lawyer, before you enter any plea. Do not rely on a single phone consultation.
• Ask the immigration attorney specifically: "Is this offense a crime involving moral turpitude under 8 U.S.C. 1227? Will it make me deportable?" Get the answer in writing if possible.
• If you are already in removal proceedings after a criminal conviction, contact an immigration attorney immediately. You may have options such as cancellation of removal or other forms of relief depending on your history and status.
• If you believe your criminal defense attorney gave you wrong immigration advice before your plea, speak with an immigration lawyer about whether a post-conviction motion is possible in your state — the window to act is usually short.

Related: our step-by-step guide — “Your Rights During an ICE Encounter”.