Practice Advisory

Prosecutors' Consideration of Immigration Consequences of Crimes in Light of Padilla v. Kentucky .

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 A Ninth Circuit panel has withdrawn a very bad opinion on the modified categorical approach and substituted a substantially better one.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: 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.

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...

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

Matter of Alyazji , 25 I&N Dec. 397 (BIA 2011), overruling in part Matter of Shanu , 23 I&N Dec. 754 (BIA 2005).

"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

Practice advisory by Katherine Brady on the Supreme Court case Nijhawan v. Holder, which deals with the categorical approach and aggravated felonies.

This practice advisory summarizes the immigration benefits for same-sex spouses after the U.S. Supreme Court decision in United States v. Windsor declared section 3 of DOMA (Defense of Marriage Act) unconstitutional. It covers family-based petitions (including VAWA) and nonimmigrant visas for same-sex spouses and children.