Removal Defense

Term Page
Removal Defense
Image is first page of resource

How to Analyze a Crim-Imm Case: Four Questions to Identify Case Goals
Crimes
Post-Conviction Relief
Removal Defense
Immigration and crimes, or “crim-imm,” can be challenging.  Both immigration and criminal law are difficult on their own. To do crim-imm work, advocates who are expert in one area must learn at least something about law and procedure in the other. It can be hard to know where to start the analysis.
 
This advisory provides a step-by-step approach to help advocates analyze a case and identify goals. It can be used by criminal defense counsel, immigration advocates, and post-conviction relief counsel. It is not a substitute for consulting with a crim/imm expert, but using it should increase your expertise and help you to better discuss the analysis with the client, argue it to the judge or official, or negotiate with the other side.

Winning the Case in Immigration Court After Post-Conviction Relief

Crimes
Removal Defense

In this webinar, we will discuss the distinction between motions to terminate, remand, reconsider and reopen. We will discuss which motion to file depending on the posture of your case in immigration court. We will take a deep dive into motions to...

Crimes and Non-LPR Cancellation

Crimes
Removal Defense

In this webinar, we will explore the various ways a criminal incident can impact an application for non-LPR cancellation. We will look at the criminal conviction bars, good moral character, the stop-time rule, and discretion. This is an opportunity...

Challenging a Deficient NTA

Enforcement
Removal Defense

Since the Supreme Court’s decision in Pereira v. Sessions in 2018, there has been a long line of caselaw about whether a Notice to Appear (NTA) missing the time, date or location of proceedings strips the immigration court of jurisdiction to hear a...

Withholding of Removal and CAT

Asylum
Removal Defense

Level: Beginner / Intermediate This webinar will cover withholding of removal and protection under the Convention Against Torture (CAT). It will discuss the differences between asylum, statutory and CAT withholding of removal, and CAT deferral of...

Analyzing a Crim/Imm Case

Crimes
Removal Defense

Level: Beginner / Intermediate In this webinar, attendees will receive a comprehensive, top-level review of how to analyze an immigration case when criminal history is present. We will provide a top-level overview of the grounds of inadmissibility...

Image is of the first page in this resource

Fact Sheet on Penal Code § 372.5, effective Jan. 1, 2023
Crimes
Post-Conviction Relief
Removal Defense
his fact sheet describes new Cal. Penal Code 372.5 (AB 2195). As of January 1, 2023, a California defendant who is charged with any of several drug offenses, from infractions to felonies, can ask for the drug charge/s to be dismissed and instead to plead guilty to being a “public nuisance” (Penal Code § 370). Section 372.5 provides that in this circumstance, the public nuisance offense is punishable as an infraction, a misdemeanor, or a “wobbler” offense, depending on the offense level of the drug charge that was dropped. The defense must decide to ask, and the prosecution must agree, to go forward with Penal Code 370/372.5.
Image displays the first page of this practice advisory

How to Defend Immigrants Charged with Drug Offenses, Including New Penal Code § 372.5
Crimes
Post-Conviction Relief
Prosecutors
Removal Defense
U Visa/T Visa/VAWA
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.

Removal Defense

Removal defense involves representing and advocating for immigrants facing deportation from the United States. For many immigrants facing removal from the United States, the process involves appearing before an immigration judge in immigration court. Most immigrants cannot afford to have an attorney represent them in court. Sadly, legal representation is the single most important factor in determining whether someone will win or lose their case.

The Immigrant Legal Resource Center (ILRC) builds the capacity of practitioners to represent clients in immigration court proceedings. As national experts in immigration law, the ILRC publishes a hands-on comprehensive manual, Removal Defense: Defending Immigrants in Immigration Court, and offers trainings on this topic. We also support practitioners and pro bono attorneys in their specific cases through our Attorney of the Day (AOD) technical assistance service.

Latest Resources

Practice Advisory
Resources

Challenging an Immigration Judge's Adverse Credibility Finding with the Board of Immigration Appeals, Part Two
Publication Date
08/14/2023
This is the second part of a two-part practice advisory on how to effectively challenge an immigration judge's adverse credibility finding with the Board of Immigration Appeals. The two advisories should be read together, as neither part is complete on its own. This second part of the advisory discusses how to challenge adverse credibility findings based on a witness's demeanor or responsiveness; findings that are based on an immigration judge's speculation and conjecture, particularly regarding the plausibility of a claim; and determinations regarding a respondent’s corroborative evidence. It also flags special circumstances to look out for when appealing an immigration judge's adverse credibility finding.
Practice Advisory
Resources

Obstruction of Justice: Pugin and California Offenses
Publication Date
07/17/2023
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.
Practice Advisory
Resources

Grounds of Inadmissibility for Temporary Protected Status
Publication Date
07/06/2023
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.
Practice Advisory
Resources

Immigrants and Substance Use Disorders: A Legal and Medical Perspective
Publication Date
08/23/2023
Immigration law demonizes people whom it labels as “drug abusers and addicts,” “habitual drunkards,” and “alcoholics.” The implication is that they are morally weak, dangerous, or evil. An immigrant who comes within such a category can be found inadmissible and ineligible to establish good moral character, and can be denied several forms of immigration relief as well as naturalization. But from a scientific perspective, these people suffer from a substance use disorder (SUD), a medical condition that frequently arises after the person has undergone severe trauma. Substance Use Disorder is a growing health crisis that currently affects over 20 million people in the United States.

This Advisory is written by immigration attorneys and medical doctors specializing in SUD, to examine the issue from both perspectives. Part I of the advisory discusses the several immigration law penalties based on substance use (even when use has not risen to a disorder) and suggests legal defense strategies. Part II of the advisory reviews current medical information about the disorders and discusses how this information can address questions that arise in immigration proceedings.
FAQs & Explainers
Resources

Immigrant Legal Defense Funds in Texas
Publication Date
05/03/2023
An immigrant legal defense fund pays legal service providers to represent community members facing deportation in immigration court. This resource provides a general overview of immigrant legal defense funds (ILDFs) at the municipal level in Texas, including why they are needed, the goals and components of a strong ILDF, and examples of these funds from across the state.
Practice Advisory
Resources

The Impact of Crimes on TPS Eligibility
Publication Date
04/07/2023
This practice advisory provides an overview of the different ways crimes can impact eligibility for Temporary Protected Status (TPS) and a framework for analyzing whether an applicant is subject to these bars and potential options to overcome them.
Practice Advisory
Resources

VAWA Cancellation of Removal
Publication Date
03/24/2023
Cancellation of removal under the Violence Against Women Act (“VAWA”) is an often overlooked form of relief for noncitizen survivors of abuse who are faced with removal proceedings. Compared with cancellation of removal for nonpermanent residents (“non-LPR cancellation”), VAWA cancellation is usually a more generous, lenient option for many survivors. In addition, unlike spouse self-petitions, there is no deadline to apply for cancellation after a divorce or loss of immigration status by the abuser, and abused adult sons and daughters are eligible for cancellation without age or marital limitations. This practice advisory introduces and provides an in depth review of each eligibility requirement for VAWA cancellation, discusses the applicable evidentiary standard, and considers procedural issues and strategies useful in immigration court as well as issues arising after an immigration judge issues a decision. Included in this practice advisory is an appendix with a side-by-side comparison of three forms of immigration relief often available to survivors in removal proceedings: VAWA cancellation, VAWA self-petitioning and adjustment of status, and non-LPR cancellation.
Practice Advisory
Resources

How to Analyze a Crim-Imm Case: Four Questions to Identify Case Goals
Publication Date
03/20/2023
Immigration and crimes, or “crim-imm,” can be challenging.  Both immigration and criminal law are difficult on their own. To do crim-imm work, advocates who are expert in one area must learn at least something about law and procedure in the other. It can be hard to know where to start the analysis.
 
This advisory provides a step-by-step approach to help advocates analyze a case and identify goals. It can be used by criminal defense counsel, immigration advocates, and post-conviction relief counsel. It is not a substitute for consulting with a crim/imm expert, but using it should increase your expertise and help you to better discuss the analysis with the client, argue it to the judge or official, or negotiate with the other side.
Practice Advisory
Resources

Fact Sheet on Penal Code § 372.5, effective Jan. 1, 2023
Publication Date
11/29/2022
his fact sheet describes new Cal. Penal Code 372.5 (AB 2195). As of January 1, 2023, a California defendant who is charged with any of several drug offenses, from infractions to felonies, can ask for the drug charge/s to be dismissed and instead to plead guilty to being a “public nuisance” (Penal Code § 370). Section 372.5 provides that in this circumstance, the public nuisance offense is punishable as an infraction, a misdemeanor, or a “wobbler” offense, depending on the offense level of the drug charge that was dropped. The defense must decide to ask, and the prosecution must agree, to go forward with Penal Code 370/372.5.
Practice Advisory
Resources

How to Defend Immigrants Charged with Drug Offenses, Including New Penal Code § 372.5
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.
View All

Related Products

Webinar
Webinar

Updates on Prosecutorial Discretion
This webinar will provide immigration practitioners with an overview of the current prosecutorial discretion landscape after the U.S. Supreme Court’s decision in United States v. Texas, 599 U.S. ___(2023). We will discuss how DHS is applying its recently reinstated enforcement priorities and strategies to continue advocating for prosecutorial discretion during various stages of a case.
Webinar
Webinar

Challenging a Deficient NTA
Since the Supreme Court’s decision in Pereira v. Sessions in 2018, there has been a long line of caselaw about whether a Notice to Appear (NTA) missing the time, date or location of proceedings strips the immigration court of jurisdiction to hear a case, triggers the stop-time rule in various contexts, or is sufficient for the issuance of an in absentia removal order. In this webinar, we will discuss how to challenge a NTA that is missing the time, date, or location of proceedings, and we will review the latest caselaw on this topic, including Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022). We will also discuss best practices for preserving arguments for appeal, even when BIA or circuit court caselaw is not on our side.
Webinar
Webinar

Winning the Case in Immigration Court After Post-Conviction Relief
In this webinar, we will discuss the distinction between motions to terminate, remand, reconsider and reopen. We will discuss which motion to file depending on the posture of your case in immigration court. We will take a deep dive into motions to reopen including how to make effective equitable tolling and sua sponte arguments. In addition, we will discuss hurdles to overcome if your client has departed the United States after the vacatur. Lastly, we will learn how to successfully obtain a bond redetermination hearing in immigration court pending the motion to reopen with the BIA.
Webinar
Webinar

Crimes and Non-LPR Cancellation
In this webinar, we will explore the various ways a criminal incident can impact an application for non-LPR cancellation. We will look at the criminal conviction bars, good moral character, the stop-time rule, and discretion. This is an opportunity for those familiar with the basics of Non-LPR Cancellation to think through how to analyze the eligibility of clients with some potential bad facts in the mix.
Webinar
Webinar

Challenging a Deficient NTA
Since the Supreme Court’s decision in Pereira v. Sessions in 2018, there has been a long line of caselaw about whether a Notice to Appear (NTA) missing the time, date or location of proceedings strips the immigration court of jurisdiction to hear a case, triggers the stop-time rule in various contexts, or is sufficient for the issuance of an in absentia removal order. In this webinar, we will discuss how to challenge a NTA that is missing the time, date, or location of proceedings, and we will review the latest caselaw on this topic, including Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022). We will also discuss best practices for preserving arguments for appeal, even when BIA or circuit court caselaw is not on our side.
Webinar
Webinar

Withholding of Removal and CAT
Level: Beginner / Intermediate
This webinar will cover withholding of removal and protection under the Convention Against Torture (CAT). It will discuss the differences between asylum, statutory and CAT withholding of removal, and CAT deferral of removal and review the current case law and recent developments. It will also provide tips to help argue for withholding or CAT as an alternative in an asylum case as well as prepare standalone withholding or CAT claim for clients who are asylum-barred or otherwise ineligible.
Presenters
Andrew Craycroft
Andrew joined the ILRC in May 2019 as a Staff Attorney focusing on immigrant youth issues. Prior to joining the ILRC, he worked at Staten Island Legal Services representing clients in a variety of affirmative and defensive immigration matters. Previously, Andrew worked at the Unaccompanied Minors Program of Catholic Charities Community Services in New York, representing detained and released unaccompanied minors in removal defense.

Andrew received his J.D. from the Georgetown University Law Center, where he participated in the Center for Applied Legal Studies Clinic. Andrew earned his B.A. from the University of California at Berkeley, where he majored in Political Economy of Industrial Societies. Andrew is admitted to the bar in New Jersey and New York. He is fluent in French and Spanish with some knowledge of Italian, Portuguese, and Arabic.

Priscilla Olivarez
Priscilla Olivarez is a Policy Attorney and Strategist based in San Antonio, Texas. In her role with the ILRC, Priscilla works alongside other Texas advocates to develop and promote local and state policies that protect the dignity of immigrant communities. Prior to joining the ILRC, Priscilla was a Managing Attorney at American Gateways (AG), a nonprofit organization that provides direct legal services in immigration matters. While at AG, Priscilla focused her efforts on representing and assisting individuals who were in immigration detention. She helped manage the organization's Legal Orientation Program, providing assistance to unrepresented individuals in immigration detention, as well as its National Qualified Representative Program (NQRP), which provides legal representation to individuals deemed mentally incompetent in immigration proceedings. Priscilla also provided direct representation to individuals in detention, with a focus on advocacy for individuals with mental disabilities or other heightened vulnerabilities. Priscilla has represented clients before the Immigration Court, the Board of Immigration Appeals, and the U.S. Court of Appeals for the Fifth Circuit.

Priscilla's other advocacy experience includes working abroad, providing legal support to survivors of human trafficking in the Philippines. Priscilla has also advocated on behalf of survivors of domestic violence and volunteered near the Texas-Mexico border representing unaccompanied minors in immigration proceedings. Outside of her immigration work, Priscilla has advocated for fair housing for vulnerable populations, and worked to coordinate a national research study that examined racial discrimination in the housing market.

Priscilla is a graduate of Texas Tech University School of Law and is licensed to practice law in Massachusetts, Texas, and before the U.S. Court of Appeals for the Fifth Circuit.
Subscribe to Removal Defense