Resources
Publication Date
08/22/2014
Resources
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
Publication Date
05/20/2014
Resources
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
Publication Date
10/09/2013
Starting January 1, 2014, a conviction for transportation under H&S 11352 and 11379 will automatically qualify as a drug trafficking aggravated felony. AB 721, signed into law on October 3, 2013, redefines transport to include only transportation for sale and now excludes transportation for personal use.
Resources
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
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.
Resources
Publication Date
02/21/2013
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.
Resources
Publication Date
10/26/2012
In addition to a number of other requirements, to qualify for deferred action a person must not be convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and not pose a threat to public safety or national security.
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Publication Date
10/26/2012
This advisory for criminal defense counsel outlines defense strategies to preserve a client’s possible eligibility for deferred action.
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Publication Date
10/26/2012
In addition to a number of other requirements, to qualify for deferred action a person must not be convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and not pose a threat to public safety or national security.
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Publication Date
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).
Resources
Publication Date
10/04/2012
Updated October 2012! A guide to assist public defenders and other to determine the immigration consequences of selected Arizona offenses.
Resources
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
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.
Resources
Publication Date
05/14/2012
Prosecutors' Consideration of Immigration Consequences of Crimes in Light of Padilla v. Kentucky.
Resources
Publication Date
03/28/2012
Eligibility for Waiver in Removal Proceedings under the Former INA § 212(c), Pursuant to Judulang v. Holder
Resources
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.
Resources
Publication Date
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.
Resources
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.
Resources
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
Resources
Publication Date
05/02/2011
"A brief overview of principles governing deference to an agency may be useful to practitioners new to this area. In immigration law, the immigration judge and the BIA may resolve almost all issues presented in an immigration case, and DHS and the AG will address many issues in regulation or other policy rulings." By Kathy Brady.
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Publication Date
03/22/2011
Resources
Publication Date
03/17/2011
"Many Permanent Residents Are Not Subject to the § 212(h) Permanent Resident Bar; The Eleventh Circuit Reaffirms § 212(h) as a Direct Waiver of Deportability; Using § 212(h) When LPR Cancellation is Not an Option" by Kathy Brady
Resources
Publication Date
02/28/2011
Matter of Alyazji, 25 I&N Dec. 397 (BIA 2011), overruling in part Matter of Shanu, 23 I&N Dec. 754 (BIA 2005).
Resources
Publication Date
11/19/2010
Practice advisory by Katherine Brady on the Supreme Court case Nijhawan v. Holder, which deals with the categorical approach and aggravated felonies.
Resources
Publication Date
11/19/2010
A description of critical resources available for California criminal defenders defending noncitizens:
Resources
Drug offenses cause the harshest, most disproportionate immigration penalties of any offense. Criminal defenders and immigration advocates need information to work aggressively to defend immigrant clients. This advisory provides strategies to avoid a drug conviction, including how and when to use Penal Code § 372.5 (2023), along with practice tips, resources, and arguments to support negotiating for an immigration neutral plea or disposition in criminal court.