Results

Practice Advisory
Resources

Practice Advisory: Lujan & Nunez, July 14, 2011
Publication Date
07/18/2011
Warning: Immigrant Defendants with a First Minor Drug Offense: “Rehabilitative relief” will no longer eliminate a first conviction for simple possession for immigration purposes, unless the conviction occurred before 7/14/11
Practice Advisory
Resources

Conviction on Direct Appeal of Right Remains a “Conviction” for Immigration Purposes
Publication Date
08/01/2011
Planes v. Holder (9th Cir. July 5, 2011): Criminal defenders must assume that filing a timely direct appeal of right will not prevent a conviction from having immigration effect. This is a change in the law, created by Planes v. Holder, supra. Advocates will file a petition for rehearing and there is a good chance that this will be granted, and a reasonable chance, although no guarantee, that Planes may be reversed.
Practice Advisory
Resources

Advisory: Ninth Circuit Panel Reverses Itself in Pagayon II
Publication Date
12/13/2011
Testimony before an IJ may not be used to characterize an offense, or to link two documents from the record of conviction.  A Ninth Circuit panel has withdrawn a very bad opinion on the modified categorical approach and substituted a substantially better one.
Practice Advisory
Resources

LPR Bars to § 212(h) – To Whom Do They Apply?
Publication Date
09/17/2012
Matter of Rodriguez, 25 I&N Dec. 784 (BIA 2012). Section 212(h) of the INA1 is an important waiver of crimes-based grounds ofinadmissibility.
Resources
Resources

Ninth Circuit Decides Key Issues about Categorical Approach; Overturns Sandoval-Lua
Publication Date
09/17/2012
The Ninth Circuit En Banc Decides Key Issues About the Categorical Approach; overturns Sandoval-Lua: Young v. Holder __F.3d__ (9th Cir. Sept. 17, 2012) (en banc). This quick Advisory provides the headlines from an important Ninth Circuit case published today. Further advisories may provide a more in-depth analysis.
Toolkit & Reports
Resources

Immigration Relief Toolkit for Criminal Defenders
Publication Date
12/10/2024
Many noncitizen defendants are already deportable (“removable”). This includes all undocumented people, as well as lawful permanent residents (green card-holders) who have become deportable because of a conviction. If immigration authorities find these people – which is likely to happen – they will be deported unless they are granted some kind of immigration relief.   For these defendants, staying eligible to apply for immigration relief is their most important immigration goal, and may be their highest priority in the criminal defense.
Practice Advisory
Resources

Post-Conviction Relief in California Should Be Unaffected by Chaidez v. United States
Publication Date
03/12/2013
In Chaidez v. United States, 568 U.S. _____, ____S.Ct.____, 2013 WL 610201, (February 20, 2013) the U.S. Supreme Court held that Padilla v. Kentucky, 559 U.S. 356 (2010) was a “new rule” that did not apply retroactively to convictions final before March 31, 2010. In Padilla, the Supreme Court held that the Sixth Amendment requires criminal defense counsel to advise a noncitizen about the immigration consequences of a guilty plea.
Practice Advisory
Resources

Moncrieffe and Olivas-Motta: Fourteen Crim/Imm Defenses in the Ninth Circuit
Publication Date
05/29/2013
In Moncrieffe v. Holder, the U.S. Supreme Court reaffirmed that the full categorical approach applies in immigration proceedings. A result is that where the criminal statute defines the offense more broadly than the immigration definition at issue, the conviction will not trigger the immigration penalty.
Resources
Resources

Expansion of the Former § 212(c) Relief
Publication Date
03/21/2014
A permanent resident with convictions from before April 1, 1997 may be eligible for a powerful waiver under the former INA § 212(c)—even if the offense was an aggravated felony. Yielding to the U.S. Supreme Court opinion in Judulang, the BIA has dramatically increased the type of offenses that can be waived. See practice advisory by the NIPNLG and IDP, entitled "Matter of Abdelghany: Implications for LPRs Seeking § 212(c) Relief" at https://nationalimmigrationproject.org/PDFs/practitioners/practice_advisories/crim/2014_14Mar_matter-abdelghany.pdf.
Resources
Resources

California Defines Misdemeanor as Maximum 364 Days
Publication Date
07/23/2014
On July 21, 2014, Governor Brown signed into law a provision that will make a California misdemeanor have a maximum possible sentence of 364 days. This will provide crucial help to immigrants convicted of minor offenses.
Resources
Resources

Great Ninth Circuit Case on Divisible Statutes: California Burglary Never Is “Attempted Theft”
Publication Date
08/26/2014
In Rendon v. Holder the Ninth Circuit clarified when a statute is truly “divisible” under the categorical approach, and held that California burglary (Penal Code § 459) never constitutes the aggravated felony “attempted theft.” This holding also means that California burglary never is a crime involving moral turpitude, under the categorical approach.
FAQs & Explainers
Resources

How to Use the Categorical Approach Now
Publication Date
12/10/2019
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 convicted of crimes.
Resources
Resources

Crimes-Related Bars to DAPA & DACA
Publication Date
01/13/2015
This is an annotated chart that provides quick access to the differing crimes bars to DAPA and DACA.
Resources
Resources

Immigration Benefits of Proposition 47
Publication Date
05/09/2016
In November 2014, California voters passed Proposition 47, a historic record changing opportunity. The below resources are aimed at educating community members, advocates, and lawyers on the immigration benefits of Proposition 47.
Resources
Resources

Protocols for Ensuring Effective Defense of Noncitizen Defendants in California
Publication Date
12/02/2015
A review of four different models used throughout California, in advising noncitizen defendants of the immigration consequences of criminal offenses.  This protocol provides interviews with defenders currently practicing these models, as well as practical tips and resources in establishing similar models in your jurisdiction.
Resources
Resources

Chart: Immigration Effect of Post-Conviction Relief
Publication Date
12/03/2015
This chart shows the effect that immigration law gives to different types of state post-conviction relief, including the new California Penal Code § 1203.43.
FAQs & Explainers
Resources

Infographic on AB 1343
Publication Date
02/26/2016
AB 1343 is a new law that safeguards due process for immigrants inthe criminal justice system by ensuring that immigrants are provided access to fair, honest, and competent legal advice.  Check out this infographic to learn more!
Resources
Resources

Brief Arguing that an Inconclusive Record of Conviction Establishes Eligibility for Relief, because Moncrieffe Overruled Young
Publication Date
03/22/2016
In Young v. Holder, 697 F.3d 976 (9th Cir. 2012) (en banc) the Ninth Circuit held that if a statute is divisible, an applicant for relief must provide evidence from the reviewable record of conviction that proves that the conviction does not bar eligibility, under the modified categorical approach. An inconclusive record of conviction is not sufficient.
Resources
Resources

Manual on Prop 47 & Other Post-Conviction Relief for Immigrants
Publication Date
04/29/2016
The Immigrant Legal Resource Center, with our partners the Lawyers Committee for Civil Rights in the San Francisco Bay Area and Californians for Safety and Justice, are pleased to provide a manual on how to help immigrants get post-conviction relief in California.    Here is a link to the manual, and a separate link to the Practice Aids in the Appendices.