Crimes

This one-page infographic summarizes the various California post-conviction relief vehicles, their requirements, and their immigration benefits.

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.

On June 23, 2026, the U.S. Supreme Court issued a 6-3 decision in Blanche v. Lau, in which it held that a border officer can determine that a lawful permanent resident (LPR) returning to the United States after a trip abroad is an applicant for admission based on the commission of a crime, even without clear and convincing evidence to support that finding. Mr. Lau, an LPR, traveled abroad while a criminal charge was pending against him for a potential crime involving moral turpitude (CIMT).

This advisory is part II of a two-part advisory on the federal immigration consequences of California Proposition 36 enacted in December 2024. Part I on Prop 36 and controlled substance offenses is found here.

This explainer offers information for both noncitizens and U.S. citizens about the possible impacts of their social media online presence.

The Trafficking Survivors Relief Act (TSRA) was passed on January 23, 2026, and provides new federal post-conviction relief options for those convicted of certain federal offenses that were committed as a direct result of having been a victim of human trafficking. This practice alert discusses the new law and potential benefits for noncitizen defendants.

This case table of California post-conviction relief decisions is designed to help practitioners quickly find the cases they need.

When an immigration judge denies bond based on a finding that a person is a danger to the community or a flight risk, what options remain to challenge that decision? As immigration detention expands and bond denials become increasingly common, federal court litigation is emerging as a critical tool to obtain judicial review of these determinations.

On January 13, 2026, the Ninth Circuit issued an en banc decision holding that a violation of California Penal Code § 245(a)(1) (assault with a deadly weapon) is not a crime of violence. United States v. Gomez, No. 23-435 (9th Cir., Jan. 13, 2026) (en banc).