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...
Practice Alert on Flores v. Sessions: Ninth Circuit Holds that All Detained Children Have the Right to a Bond Hearing
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)
Date Published: 05/09/2017
This practice advisory is designed to introduce legal workers to the T visa. It outlines T visa eligibility requirements, discusses the advantages of applying for T visas over other forms of humanitarian immigration relief, and analyzes how President Trump's recent executive orders impact T visa...
Date Published: 04/28/2017
Immigrants who are alleged to be involved with gangs are top immigration enforcement priorities for the Department of Homeland Security (DHS). This is true even if they have no criminal convictions and DHS is targeting them based on allegations alone. If such individuals choose to apply for...
Date Published: 04/26/2017
This practice advisory reviews options for naturalization applicants who cannot afford the filing fee for the Form N-400, Application for Naturalization: the reduced fee option (Form I-942) and the USCIS fee waiver (Form I-912). The practice advisory also provides resources and tips for completing...
Date Published: 04/10/2017
The immigration statute designates certain types of crimes as “aggravated felonies.” See INA § 101(a)(43), 8 USC § 1101(a)(43). These are the most dangerous type of convictions for a noncitizen. Despite the name, this definition reaches offenses that are neither felonies nor aggravated. It can...
Date Published: 09/07/2016
This advisory describes how practitioners with clients whose DACA renewal is outside of processing time or whose biometrics appointment notice is delayed can elevate their cases for resolution with USCIS.
Date Published: 06/24/2016
A noncitizen who is convicted of a “crime of domestic violence” is deportable. INA 237(a)(2)(E)(i), 8 USC 1227(a)(2)(E)(i). In Matter of H. Estrada the BIA reaffirmed that the categorical approach must be used to determine that the offense is a “crime of violence” under 18 USC § 16, but it held...
Frequently Asked Questions in 1-Parent Special Immigrant Juvenile Status Cases in California Family Courts
Date Published: 04/15/2016
In this practice advisory developed in consultation with the staff of the Judicial Council of California, we answer common questions about basic procedural and substantive issues that may arise in family court custody cases when SIJS findings are being requested.
Date Published: 02/19/2016
The BIA stated that Cal PC § 273a(b) is not a deportable crime of child abuse, in Matter of Mendoza-Osorio.
Date Published: 10/12/2015
This practice advisory describes the recent increase in RFEs and NOIDs in Special Immigrant Juvenile Status cases, in which USCIS is requesting documents from the underlying state court proceedings. The advisory details arguments against disclosing state court documents and information to USCIS,...
Some Felonies Should No Longer Be “Crimes of Violence” for Immigration Purposes under Johnson v. United States
Date Published: 08/06/2015
This advisory discusses how the Supreme Court's opinion in Johnson v. United States may affect selected offenses under California law, and what criminal defense and immigration advocates can do now.
Date Published: 10/10/2016
This short advisory explains how ICE has implemented the PEP program announced in November 2014 and analyzes the three new detainer forms that ICE has created.
Date Published: 03/12/2015
Special Immigrant Juvenile Status (SIJS) cases, involving a claim of abuse, abandonment or neglect against one parent while the child resides with the non-offending parent, are commonly referred to as one-parent cases. These cases, though permissible under the plain language of the statute as well...
Advisory on Immigration Enforcement Summary of New Priorities & Program Changes Announced by President Obama
Date Published: 11/26/2014
Date Published: 07/22/2013
Date Published: 05/29/2013
The National Immigrant Project (NIP) and the Immigrant Legal Resource Center (ILRC) announce Practice Advisory regarding the December 2012 ICE Detainer Guidance & Form: In December 2012, Immigration and Customs Enforcement (ICE) announced new ICE detainer guidance and issued a new detainer form...
Date Published: 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...
Date Published: 03/12/2013
In Chaidez v. United State s, 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...
Date Published: 10/15/2012
Practice Advisory: The BIA held that a violation of a Kansas municipal ordinance is a conviction for immigration purposes despite the lack of appointed defense counsel or right to a jury trial in those proceedings. Matter of Cuellar , 25 I&N Dec. 850 (BIA 2012).
Date Published: 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 of inadmissibility.
Date Published: 05/14/2012
Prosecutors' Consideration of Immigration Consequences of Crimes in Light of Padilla v. Kentucky .
Date Published: 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.
Date Published: 10/26/2011
Practice Advisory: California Health and Safety Code § 11357(b) prohibits possession of not more than 28.5 grams of marijuana. After January 1, 2011 it will be treated as an infraction.
Date Published: 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...
Date Published: 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