Removal Defense

Term Page
Removal Defense
First page of resource

VAWA Cancellation of Removal
Family-Based
Removal Defense
U Visa/T Visa/VAWA
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.
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.
Subscribe to Removal Defense