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Date Published: 11/29/2022
This fact sheet describes new Cal. Penal Code 372.5 ( AB 2195 ). As of January 1, 2023, a California defendant who is charged with any of several drug offenses, from infractions to felonies, can ask for the drug charge/s to be dismissed and instead to plead guilty to being a “public nuisance” (...
Date Published: 11/02/2022
Survivors of human trafficking and of domestic or sexual violence often are charged and convicted of offenses that arose as a direct result of their exploitation. For noncitizens, the criminal record can cause deportation or destroy their eligibility for humanitarian visas. In the last five years,...
Date Published: 07/14/2022
In 2016, California enacted California Penal Code § 1473.7, a post-conviction relief vehicle allowing people no longer in criminal custody to vacate legally defective convictions. Ever since, the ILRC has supported advocates to implement this law, including helping to defend the vacaturs from DHS...
Date Published: 07/12/2022
Thousands of noncitizens in California are at risk of removal or cannot qualify for immigration relief because they have unlawfully imposed criminal convictions. The good news is that there are several options under California law to eliminate these convictions for immigration purposes, using post-...
Date Published: 06/27/2022
This advisory provides detailed instruction on how and where to file a motion to reopen for attorneys who have successfully vacated a conviction for immigration purposes and their client is now eligible for termination or a form of relief. In addition, the advisory addresses the impact of the post-...
Date Published: 05/05/2022
So, you’re organizing a local town hall or candidate forum about DA and immigration; great! ILRC has developed a number of resources that can be helpful.
Date Published: 03/16/2022
The ILRC and partner organizations submitted the attached letter and BIA case summary to OPLA leadership, clarifying that vacaturs issued pursuant to California Penal Code § 1473.7(a)(1) correct legally and procedurally defective convictions, meeting the standard set forth in Matter of Pickering,...
Date Published: 05/04/2022
Level: All Increasing attention has been paid to the importance of gubernatorial pardons as a tool to erase immigration consequences. This training will discuss when pardons are useful, how to apply, and current trends in pardon grants. We will also discuss when and which other post-conviction...
Date Published: 12/14/2021
This Chart summarizes the criminal record bars to many forms of relief, to provide a quick way to check whether your client is potentially eligible for relief. See also ILRC, Immigration Relief Toolkit (2018).
Date Published: 10/05/2021
With a few exceptions, immigration authorities must use the “categorical approach” to determine whether a criminal conviction triggers a ground of removal. Expert use of the categorical approach may be the most important defense strategy available to immigrants charged with or convicted of crimes...
Date Published: 12/15/2021
Level: Intermediate This webinar will discuss FOIA requests in immigration cases and provide tips for filing FOIA requests with DHS, including USCIS, OBIM, ICE and CBP. Researching clients’ case histories may become particularly important if any of the proposed legalization bills are enacted.
Date Published: 12/02/2021
Level: Intermediate / Advanced The field of post-conviction relief is constantly changing. Tune in to hear about newly enacted state laws, new case developments, and new advice for immigrant post-conviction relief practitioners. This webinar will be geared to people who already have some exposure...
Date Published: 06/18/2021
On January 1, 2021, multiple California criminal reform laws took effect. These laws were passed to help all defendants regardless of immigration status, but they can be of special help to noncitizens. Advocates should understand how these laws may help a client’s immigration case. They include: A...
Date Published: 06/03/2021
Immigration law has its own definition of what constitutes a criminal conviction. The Board of Immigration Appeals (BIA) and other courts have held that certain types of pretrial diversion and intervention agreements that result in dismissal under state law can still constitute a conviction for...
Date Published: 05/21/2021
The majority of states have legalized some use of marijuana, but marijuana remains a federal Schedule I controlled substance. Therefore, any conduct involving marijuana can be very dangerous for immigrants – including conduct that is permitted under state law. Admitting that one has “legally” used...
Date Published: 04/14/2021
In Pereida v. Wilkinson, 141 S.Ct. 754 (March 4, 2021), the Supreme Court issued another opinion on the categorical approach, which is the analysis authorities use to decide whether a criminal conviction triggers removal grounds. Pereida focuses on the “modified” categorical approach, which is how...
Date Published: 03/04/2021
We previously circulated a sample brief, Using and Defending PC 1473.7 Vacaturs . But, at times, DHS continues to object to 1473.7 vacaturs. Thanks to Pangea Removal Defense Attorney Luis Angel Reyes Savalza and Immigration Attorneys Merle Kahn and Daniel Shanfield for agreeing to sharing their his...
Date Published: 02/18/2021
Certain criminal convictions are bars to eligibility for DACA. However, if these convictions can be “expunged,” they will cease to be an absolute bar. Here, an “expungement” refers to any legal process where a criminal court can withdraw, erase, seal, or otherwise eliminate a conviction under a...
Date Published: 01/29/2021
This one-pager goes over basic Know Your Rights information for immigrants incarcerated in California prisons. It includes suggested contact information for families and community members in need of immigration screening.
Date Published: 08/29/2022
This practice advisory explains the various immigration consequences of a conviction for Assault under Texas Penal Code § 22.01 and provides tips for mitigating such consequences in criminal proceedings. This August 2022 update includes analysis of the Texas Assault statute in light of the Supreme...
Date Published: 12/11/2020
In October 2020, DHS and DOJ published a final regulation that sets out wide-ranging and draconian bars to applying for, and bases to terminate a grant of, asylum. For example, the bars include conviction of any felony, any controlled substance offense, a single DUI with injury, a DUI with a DUI...
Date Published: 11/20/2020
In some cases, the amount of an imposed, potential, or served criminal sentence can determine the outcome of the immigration case. The law governing how state sentencing dispositions affect immigration penalties is fast-changing. The good news is that an informed defender often can structure a...
Date Published: 10/01/2020
This one-pager, a partnership between the UCLA Criminal Defense Clinic, Al Otro Lado, and the ILRC, describes the how and why of CA Penal Code s. 1473.7.
Date Published: 09/17/2020
In January 2020, the Committee for Review of the Penal Code began convening with the intent of putting forward wide ranging recommendations for reforms to the California criminal legal code. Understanding the significant impact of the process for California’s immigrant population, the ILRC has...
Date Published: 09/09/2020
Across the country, states and localities are increasingly moving to end marijuana prohibition laws. For immigrant communities, despite the changing attitude toward marijuana-related conduct at the state level, an old conviction can still form the basis for immigration-related consequences at the...
Date Published: 09/02/2020
This brief advisory written by Rose Cahn, ILRC and Anoop Prasad, Asian Americans Advancing Justice Asian Law Caucus, discusses how petitions for relief using PC 1437, the reform to the felony murder rule, can be helpful to immigrants seeking to mitigate immigration consequences.
Date Published: 09/02/2020
A one-page issue spotting decision tree to help screen for potential forms of post-conviction relief. For an in-depth discussion of any of these vehicles, see this guide , created by the ILRC and Californians for Safety and Justice.
Date Published: 08/24/2020
On July 30, 2020, Attorney General Barr issued Matter of Reyes , 28 I&N Dec. 52 (A.G. 2020), a case involving a longtime lawful permanent resident with a single conviction for violating a larceny statute that criminalizes both theft and fraud, and is indivisible as between these means of...
Date Published: 08/13/2020
In October 2019, Attorney General Barr issued Matter of Thomas & Matter of Thompson , altering the standard for when immigration law will recognize a criminal sentencing modification. Since then, government attorneys from ICE and adjudicators from DHS and DOJ have misused and exploited the...
Date Published: 08/26/2020
This toolkit is designed for legal service organizations who want to engage pro bono attorneys in providing immigrant post-conviction relief screening and services. It contains tools to run a legal clinic to screen for crim/imm issues and post-conviction relief options, tools to perform case-...