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.

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).

ILRC submitted this comment to DHS opposing recent changes to FOIA rules effective January 22, 2026 that restrict public access. DHS published a final rule in violation of the Administrative Procedures Act by unlawfully bypassing public notice and comment. The rule eliminates paper filing of FOIA requests and allows DHS in its discretion to administratively close requests that it deems to insufficiently describe the records sought.

On December 22, 2025, DHS published a final rule impacting processing of FOIA requests by all DHS components. The rule is effective January 22, 2026. Despite the major changes made by the rule, no period of public comment was provided. The rule eliminates paper filing of FOIA requests with DHS as of January 22, 2026. FOIAs to DHS must be filed online after that date. The rule also states that DHS can, in its discretion, administratively close or make “requests for clarification” where it deems the request to be an inadequate description of the records sought.

Section 287(g) of the Immigration and Nationality Act (“INA”) authorized the creation of a program that allows state and local law enforcement agencies to act as immigration enforcement agents.This policy brief reviews the recent history of 287(g) agreements and how they’ve proliferated, describes the three 287(g) agreement models, examines a case study of escalating 287(g) programs in Florida, delves into the programs’ dangers and harms, and provides some recommendations for local communities that want to stop 287(g) agreements in their tracks.

This advisory discusses the immigration consequences of a conviction for a controlled substance offense under California Prop 36, specifically Cal. H&S Code § 11395. This advisory explains the immigration consequences of a criminal plea to a Prop 36 controlled substance offense. It outlines criminal defense strategies for defenders to avoid these pleas and outlines removal defense strategies for immigration practitioners where the plea cannot be avoided.

Step by step explanation for criminal defense counsel of how to identify ICE detainers that may be issued in violation of the Gonzalez v. ICE class action. This class action settlement applies nation-wide to limit ICE’s issuance of detainers. This advisory walks through the basics of the case and how to monitor and respond to any violations of the settlement.