Criminal and Immigration Law Update Archives

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Recent Developments Concerning:

Immigration Consequences of Criminal Convictions
Post-Conviction Relief
Criminal Defense of Noncitizens

Aggravated Felony -- Auto Burglary
Aggravated Felony -- Drug Trafficking
Conviction -- How to Avoid
Conviction -- Juvenile Adjudications are not Convictions
Crime of Moral Turpitude -- DUI
Discretionary Relief
Expungements - Again Effective in Minor First-Offense Drug Cases.
Expungements - Also Eliminate Immigration Consequences for Minor First-Offense Possession of Drug Paraphernalia, and Other State Convictions
Grounds of Inadmissability -- Reason to Believe
Post-Conviction Relief--Calif.--Advisal Statute
Sentencing
Supreme Court Decisions

Aggravated Felony -- Auto Burglary
April 1, 2000	CERTAIN BURGLARY CONVICTIONS ARE NOT CONSIDERED AGGRAVATED FELONY CONVICTIONS, REGARDLESS OF THE SENTENCE IMPOSED

Aggravated Felony -- Drug Trafficking
May 1, 2001	NINTH CIRCUIT HOLDS CALIFORNIA CONVICTION FOR SALE OF MARIJUANA DID NOT CONSTITUTE AN AGGRAVATED FELONY, SINCE IT WAS RENDERED UNDER A DIVISIBLE STATUTE AND THE RECORD OF CONVICTION DID NOT ESTABLISH THE DEFENDANT WAS NOT CONVICTED UNDER THE NON-AGGRAVATED FELONY PORTION OF THE STATUTE WHICH PROSCRIBES OFFERING TO SELL OR SOLICITATION.

February 6, 2001	THE THIRD CIRCUIT DEMOLISHES THE BIA'S HARSH INTERPRETATIONS OF IIRAIRA'S "ILLICIT TRAFFICKING" AGGRAVATED FELONY DEFINITION, PROVIDING MANY POWERFUL ARGUMENTS THAT DRUG CONVICTIONS ARE NOT AGGRAVATED FELONIES.


May 1, 2000	AGGRAVATED FELONY -- DRUG TRAFFICKING OFFENSES -- STATE FELONY CONVICTION OF FIRST OFFENSE SIMPLE POSSESSION CONSTITUTES AN AGGRAVATED FELONY FOR ILLEGAL REENTRY PURPOSES.
Conviction -- How to Avoid
August 1, 2000	HOW TO AVOID A "CONVICTION" IN CRIMINAL COURT UNDER THE NEW IIRAIRA DEFINICTION.

Conviction -- Juvenile Adjudications are not Convictions
February 27, 2001	JUVENILE ADJUDICATIONS DO NOT CONSTITUTE CONVICTIONS, AND ADULT CONVICTIONS OF JUVENILES DO NOT CONSTITUTE CONVICTIONS FOR IMMIGRATION PURPOSES UNLESS THEY COULD HAVE BEEN TRANSFERRED TO ADULT COURT UNDER FEDERAL LAW.

Crime of Moral Turpitude -- DUI
March 1, 2000	SIMPLE DUI IS NOT A CRIME OF MORAL TURPITUDE, BUT DUI WHILE PROHIBITED FROM DRIVING DOES CONSTITUTE A CRIME INVOLVING MORAL TURPITUDE.

Discretionary Relief .
July 9, 2001	THE RETURN OF § 212(C): DISCRETIONARY RELIEF FROM DEPORTATION REMAINS AVAILABLE TO IMMIGRANTS WHO WERE ELIGIBLE FOR THAT RELIEF AT THE TIME THEY ENTERED THEIR GUILTY PLEAS.

Expungements Again Effective in Minor First-Offense Drug Cases.
September 1, 2000	NINTH CIRCUIT HOLDS THAT EQUAL PROTECTION COMPELS THE INS TO HONOR STATE EXPUNGEMENTS OF FIRST-OFFENSE SIMPLE POSSESSION OF CONTROLLED SUBSTANCE CONVICTIONS.

Expungements - Also Eliminate Immigration Consequences for Possession of Drug Paraphernalia, and Other State Convictions
December 7, 2000	STATE EXPUNGEMENTS AND DEFERRED ENTRY OF JUDGMENT ELIMINATE THE IMMIGRATION CONSEQUENCES FOR A LIMITED NUMBER OF FIRST OFFENSE CONVICTIONS BEYOND SIMPLE POSSESSION

Grounds of Inadmissability -- Reason to Believe
June 1, 2000	GROUND OF INADMISSIBILITY -- REASON TO BELIEVE -- NEW STATUTE EXCLUDES FAMILY MEMBERS OF DRUG TRAFFICKERS WHO KNOWINGLY RECEIVE ILLICIT BENEFITS WITHIN THE LAST FIVE YEARS.

Post-Conviction Relief--Calif.--Advisal Statute
July 1, 2000	VIOLATION OF GUILTY PLEA STATUTE REQUIRING ADVICE CONCERNING POTENTIAL IMMIGRATION CONSEQUENCES -- CALIFORNIA SUPREME COURT REQUIRES SHOWING OF PREJUDICE.

Sentencing
May 15, 2000	SIMPLE SENTENCING TO AVOID DEPORTATION.

Supreme Court Decision
September 18 , 2001	SUPREME COURT DECISIONS AFFECT IMMIGRANTS

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