Term Page
Crimes 
Criminal Convictions can have serious consequences on peoples’ lives – especially non-citizens who wish to stay in the United States. Many immigration benefits have criminal bars, meaning that certain convictions will prevent you from getting a lawful immigration status, like permanent residence (green card). This Community Explainer offers some options for those who have had certain convictions related to domestic violence or human trafficking, with insights about how to define these crimes, some example scenarios, and explanations about the benefits of a legal tool called a “vacatur.”
This advisory analyzes and explains the particularly serious crime bar to asylum and withholding of removal. It describes the factors to consider in determining whether a crime is a "particularly serious crime" and how to challenge a particularly serious crime determination.
Disrupting Deportation – How to Effectively Vacate your Noncitizens Criminal Convictions for Immigration Purposes
Crimes
Post-Conviction Relief
Since the federal government has failed to provide immigration reform, often times the only way to prevail in immigration court is to vacate your client’s prior criminal conviction or sentence to avoid deportation or to render your client eligible...
Marijuana and Immigrants
Crimes
Currently, thirty-eight states permit medical use of marijuana; twenty-three of these states fully permit recreational use; and the District of Columbia permits both uses. Still, marijuana remains on federal drug schedules and is treated for...
California Post-Conviction Relief for Immigrants: How to Use Criminal Courts to Erase the Immigration Consequences of Crimes
Crimes
Post-Conviction Relief
California Post-Conviction Relief for Immigrants: How to Use Criminal Courts to Erase the Immigration Consequences of Crimes guides advocates through how to use criminal courts to erase or mitigate the immigration consequences of convictions. This...
This advisory provides basic information on how to obtain the SIJS predicate order in juvenile court. It describes the benefits, requirements, and deadlines associated with SIJS, and discusses the role of the juvenile defense or children’s attorney in the process. It includes a sample SIJS predicate order from juvenile justice proceedings.
There is a new law in California that went into effect in 2023 called the California Clean Slate Act (SB 731). Under the Clean Slate Act, authorities will automatically expunge – or dismiss – certain arrests and criminal convictions. While expungement provides relief in the California state criminal legal system, it does not provide the same relief in the immigration context. This explainer walks through some key points about this new law and its implication for immigrants with prior contact with law enforcement.
Conviction of “obstruction of justice” is an aggravated felony if a sentence of a year or more is imposed. In Pugin v. Garland, No. 22-23 (June 22, 2023), the Supreme Court overturned the Ninth Circuit’s definition of obstruction, but failed to provide a clear definition of its own. Now some California offenses are likely aggravated felonies if there is a sentence of year or more, including Penal Code §§ 32, 69, 136.1, 148, Vehicle Code § 10851, and others.
This Advisory discusses California offenses under Pugin, and discusses California criminal sentencing dispositions that avoid a sentence of a year or more for immigration purposes.
This Advisory discusses California offenses under Pugin, and discusses California criminal sentencing dispositions that avoid a sentence of a year or more for immigration purposes.
This practice advisory provides an overview of the grounds of inadmissibility for Temporary Protected Status (TPS) explaining which grounds do not apply to TPS applicants, which grounds are non-waivable, and which grounds are waivable. It also offers an overview of the TPS waiver of inadmissibility.