Results
Date Published: 10/15/2018
The BIA has held that that it will not give retroactive effect to California Penal Code § 18.5(a) on convictions from before January 1, 2015. It will consider a California misdemeanor conviction from before January 1, 2015 to have a potential sentence of up to one year, while a misdemeanor...
Date Published: 01/01/2019
In August 2018, the Ninth Circuit published an opinion holding that methamphetamine as defined under California law is not a controlled substance for federal immigration purposes. In January 2019, however, the court withdrew the published opinion, and issued a non-published opinion that came to the...
Date Published: 08/31/2018
USCIS recently issued updated guidance on when it will refer a person to Immigration & Customs Enforcement (ICE) or issue a Notice to Appear (NTA, the charging document that begins a case in immigration court). Advocates must consult this memorandum in evaluating the risk of referral in...
Date Published: 08/31/2018
The purpose of this advisory is to provide service providers with an update on the status of the Deferred Action for Childhood Arrivals (DACA) program and how to counsel clients now. In it we include information on the current status of the DACA program, what to tell clients, factors to consider in...
Date Published: 08/08/2018
The DOJ created new conditions for state and local recipients of Byrne Justice Assistance Grants and other federal grants, in an effort to prevent jurisdictions with certain sanctuary policies from receiving any funds. Several federal courts have found these requirements to be unconstitutional, and...
Date Published: 07/19/2018
This practice advisory addresses the impact of drug trafficking on unaccompanied minor (UC) cases by looking at overall drug trafficking patterns within UC cases, identifying the substantive and procedural issues that may arise when UC with drug trafficking histories pursue immigration relief, and...
Date Published: 06/29/2018
This advisory discusses how the Child Status Protection Act (CSPA) protect children of permanent residents in their applications for permanent residency. We discuss how a child’s age is calculated and how they might move through different preference categories through their process to become...
Date Published: 07/02/2021
This introductory practice advisory explains 245(i), including “grandfathering” and “after acquired,” and includes screening questions to assist in identifying and evaluating possible 245(i) options for your clients. Updated in July 2021 with new examples and notes on USCIS handling of these cases...
Date Published: 06/27/2018
The domestic violence deportation ground at INA § 237(a)(2)(E) sets out four bases for deportability. Recent Board of Immigration Appeals and federal decisions, including the Supreme Court decision in Sessions v. Dimaya , significantly affect each of the four bases. This advisory will provide a...
Date Published: 06/06/2018
Cancellation of removal for Non–Permanent Residents under INA § 240A(b)(1) is a critical defense to deportation available to certain non-citizens with family in the United States. A person who is granted non-LPR cancellation of removal receives a green card, but the eligibility requirements for non...
Date Published: 05/21/2018
This practice advisory discusses how the Child Status Protection Act protects children of asylees and refugees through the immigration process, including the asylum application, the Form I-730, and adjustment.
Date Published: 09/30/2019
Form N-648, the Medical Certification for Disability Exceptions, provides an opportunity for naturalization applicants who have a physical, developmental, or mental health disability to naturalize without meeting the English and/or civics requirements. On February 12, 2019, new USCIS policy...
Date Published: 11/30/2020
Noncitizens with certain criminal records are subject to mandatory immigration detention under INA § 236(c), 8 USC § 1226(c). This means that they may remain detained during the weeks, months, or years of their entire immigration case, without even the right to a bond hearing . Recent Supreme Court...
Date Published: 05/03/2018
The final step in the naturalization process is the oath of allegiance to the United States. The oath demonstrates loyalty to the United States and the Constitution. All applicants must demonstrate that they are “attached to the principles of the Constitution of the United States and well disposed...
Date Published: 04/10/2018
This advisory provides an introduction to the Affidavit of Support including various ways to meet the financial requirements, different types of sponsors who may submit Affidavits of Support, who is considered a “household member” for purposes of the Affidavit of Support, and exemptions to the...
Date Published: 03/29/2018
In October 2017, the Department of Defense issued new policies that impact lawful permanent residents and other non-U.S. citizens in the military. This practice advisory discusses how these policies affect those who seek to enlist, and those who currently serve in the military, including in the...
Date Published: 04/05/2019
Immigration law has its own definition of what constitutes a criminal "conviction." Because most, although not all, immigration consequences require a conviction, if your client does not have a conviction the immigration case might be saved. This Advisory discusses which dispositions that come out...
Date Published: 03/02/2018
In a time of increased immigration enforcement, advocates must consider all possible forms of relief for clients facing deportation. U nonimmigrant status (also frequently referred to as a “U visa”) is commonly pursued as an affirmative immigration benefit for undocumented individuals, but it may...
Date Published: 02/08/2018
This advisory discusses the provisions of SB 54 (De Leon) and the California Values Act, relevant to criminal defense counsel who represent noncitizen clients. In addition to discussing specific provisions of the California Values Act, this advisory discusses how to incorporate this new law into...
Date Published: 02/01/2018
In the past four years, California voters and the California Legislature have created many new mechanisms for people to reclassify, vacate, and resentence offenses to eliminate the ongoing impact of criminal convictions. This advisory discusses how these new laws can benefit immigrants and can...
Date Published: 01/31/2018
This advisory is a follow-up to the ILRC’s free webinar on hardship in waivers from the fall, 2017. Given the volume of questions received during the webinar and overall strong interest in this topic (over 1,000 people registered for this webinar!), this advisory covers the basics and also...
Date Published: 01/02/2018
As of January 1, 2018, California has changed its “Deferred Entry of Judgment” program to a true “pretrial diversion” program. See Penal Code § 1000, amended by AB 208. Qualifying defendants charged with minor drug offenses can participate in pretrial diversion without incurring a drug conviction...
Date Published: 01/02/2018
This practice advisory is designed to introduce practitioners to the concept of Conditional Permanent Residence, and to explain the requirements and processes for removing the conditions on residence, thereby enabling the conditional resident to obtain Lawful Permanent Residence that can last...
Date Published: 06/22/2021
A conviction of a crime involving moral turpitude (CIMT) may or may not hurt an immigrant, depending on a number of factors set out in the Immigration and Nationality Act: the number of CIMT convictions, the potential and actual sentence, when the person committed or was convicted of the offense,...
Date Published: 09/14/2017
The recent Ninth Circuit Court of Appeals decision, Ramirez v. Brown, provides an opportunity for certain people with Temporary Protected Status (TPS) to apply to adjust status. This advisory explains the implications of the Ramirez decision, with examples to illustrate.
Date Published: 08/30/2017
This practice advisory goes through all of the ways that an arrest or conviction for California driving under the influence (DUI) can affect an immigrant, and reviews possible changes to the law. It also will discuss reckless driving as an alternative to DUI.
Date Published: 09/03/2020
Absences from the United States can affect an applicant’s eligibility for naturalization in numerous ways. In this practice advisory, we focus specifically on how absences of varying lengths of time affect the continuous residence requirement.
Date Published: 08/10/2017
This practice advisory outlines some suggestions and resources for immigration advocates working with law enforcement agencies to obtain law enforcement certification for U Visa applicants. It also includes a summary of all state laws, as of July 2017, that have either passed or are pending...
Date Published: 07/21/2017
This practice alert provides a summary of Flores v. Sessions , a recent Ninth Circuit decision that held that all detained children have the right to a bond hearing. It discusses why Flores v. Sessions was necessary, what its impact may be for detained youth, and details practice tips for advocates...
Date Published: 06/05/2017
Cal. P.C. § 261.5(c) is not an aggravated felony, but the law may change for the worse on § 261.5(d) Esquivel Quintana v. AG Sessions (May 30, 2017)