§
1.1 I. Introduction
§
1.2 A. Noncitizens Form a Surprising Proportion
of
the Population
§
1.3 B. Effective Counsel Must Research and
Take Immigration
Consequences Into Account in Defending
a Criminal Case
§
1.4 C. Immigration Results of a Criminal Case
Often Outweigh
the Criminal Consequences
§
1.5 D. Obtaining Expert Immigration Help
§
1.6 II. Getting the Client out of Custody Pending
Trial
§
1.7 A. Dealing With Immigration Holds and
Detainers
§
1.8 B. Mandatory INS Detention
§
1.9 III. The Basic Approach to Minimizing Immigration
Effects
§
1.10 IV. First Client Interview
§
1.11 A. Preparation
§
1.12 B. Basic Goals
§
1.13 C. Determining U.S. Citizenship or Immigration
Status
§
1.14 D. Obtaining Immigration Facts
§
1.15 E. Basic Immigration Status Questionnaire
§
1.16 F. Obtaining Information on Client's
Equities
§
1.17 G. Obtaining Basic Criminal History
§
1.18 H. Determining how Important the Immigration
Consequences
Are to the Client
§
1.19 I. Advice not To Discuss Immigration
Situation With
Authorities
§
1.20 V. Investigation of the Case From an Immigration
Perspective
§
1.21 A. In General
§
1.22 B. The Timing of the Case
§
1.23 C. Dealing With Bias Against Noncitizens
§
1.24 VI. Results That Minimize Adverse Immigration
Effects
§
1.25 A. Diversion Programs
§
1.26 B. Deferred Entry of Judgment Programs
or Other Forms
of State Rehabilitative Relief.
§
1.27 C. Dismissal of Charges
§
1.28 D. Sentencing Procedures To Minimize
Adverse Immigration
Consequences
§
1.29 E. Pleading to a Different Offense That
Does not Carry
Immigration Consequences
§
1.30 F. Taking the Case to Trial
§
1.31 G. Post-Conviction Work
§
1.32 VII. Plea Bargaining
§
1.33 A. Some Common Immigration-Safe Pleas
§
1.34 1. Controlled Substances Offenses
§
1.35 2. Firearms Offenses
§
1.36 3. Aggravated Felony Convictions
§
1.37 4. Crimes of Moral Turpitude
§
1.38 5. Domestic Violence Convictions and
Violations of
Protective Orders
§
1.39 6. Miscellaneous Convictions
§
1.40 B. Deciding Whether To Alert the Prosecution
or Court
to the Immigration Issues
§
1.41 C. The Criminal Case With Major Immigration
Effects
§
1.42 D. Avoiding Admission of Crime-Related
Factors Having Adverse Immigration Consequences Even
Without a Conviction
§
1.43 E. The Defense Negotiating Position
§
1.44 F. The Search for Alternative Results
That Minimize Immigration Consequences
§
1.45 G. Dealing With Interpreters in Court
§
1.46 1. The
Right to an Interpreter in Criminal Proceedings
§
1.47 2. Using an Interpreter in Court
§
1.48 VIII. Entry of Plea
§
1.49 A. General Immigration Advice for Criminal
Defendants
§
1.50
1. Criminal Charges Can Cause Your Deportation
§
1.51 2. How Your Lawyer Can Try To Avoid Negative
Immigration
Consequences
§
1.52 B. The Duty to Advise the Client of the
Specific Immigration
Consequences
§
1.53 C. Unduly Pessimistic Immigration Predictions
Can Do as
Much Harm as Inaccurate Predictions That no Adverse
Immigration Consequences Will Ensue
§
1.54 D. Advice of Exact Immigration Consequences
§
1.55 IX. Sentencing
§
1.56 A. Immigration Consequences Of Sentence
§
1.57 1. Definition
of "Sentence Imposed"
§
1.58 a. What
Is Included in "Sentence Imposed"
§
1.59 b. Commitment to a Juvenile Facility
Does Not Qualify
as a Sentence to Confinement
§
1.60 2. Length of "Sentence Imposed"
§
1.61 a. Aggravated Felonies Requiring
One-Year "Sentence
Imposed"
§
1.62 b. Petty Offense Exception to Inadmissibility
Requires Sentence Imposed of Six Months or Less
Petty Offense
Exception Generally
§
1.63 c. A Noncitizen Becomes Inadmissible
if Convicted of Two or More Offenses for Which the
Aggregate Sentences to Confinement Totaled Five
Years or More
§
1.64 d. Mandatory Detention Is Triggered
if a Noncitizen Is Deportable for One Conviction
of a Crime of Moral Turpitude for Which a Sentence
of One Year or More Has Been Imposed
§
1.65 e. Restriction on Removal (Formerly
Withholding of Deportation) Requires a Noncitizen
to Avoid an Aggregate Sentence of Five Years or
More for Aggravated Felony Conviction(s)
§
1.66 f. A Conviction Is Considered a Misdemeanor,
for Purposes of Adjustment of Status, if the State
Designates It as a Misdemeanor and the Sentence
Imposed Is One Year or Less, Even if the Maximum
Sentence Is Greater
§
1.67 3. Length of Actual Confinement
§
1.68 a. To
Be Eligible for the Former Waiver of Deportability
under INA § 212(c), the Noncitizen Must
Avoid Service of an Actual Aggregate Sentence of
Five Years or More for Aggravated Felony Conviction(s)
§
1.69 b. A Noncitizen Is Disqualified from
Showing Good Moral Character if Actually Confined
as a Result of Criminal Convictions for a Total
of 180 Days or More
§
1.70 c. Situations that Require Good Moral
Character
§
1.71 4. Naturalization May Not Be Granted
if the Applicant Is Currently On Probation or Parole
§
1.72 5. The Sentencing Judgment, Which Forms
Part of the "Record of Conviction," Can
Lead to Adverse Immigration Consequences
§
1.73 6. Waiving Credit for Time Served in
Order To Avoid a Sentence of a Certain Length
§
1.74 7. Sentencing for Probation Violations
§
1.75 8. Restriction on Removal
§
1.76 B. Obtaining a Sentence That Will Enable
Client To Qualify for
Post-Conviction Relief
§
1.77 C. "Judicial Removal Proceedings"
in Federal Sentencing Court
§
1.78 X. Early Release from Criminal Custody
to be Removed
§
1.79 A. Early Release to Removal
§
1.80 B. Prisoner Transfer Treaties
§
1.81 XI. Parting Advice to Client INS Proceedings
Following Service of State Sentence
§
1.82 XII. Post-Conviction Relief
§
1.83 A. The Last Chance
§
1.84 B. Counsel's Duty To Cooperate With Successor
Counsel
§
1.85 C. Counsel Is not Exposed to Discipline
on the Basis of a Simple Mistake Alone
§
1.86 D. Considerations in Cooperating With
Successor Counsel
§
1.87 E. Attorney-Client and Work-Product Privileges
§
1.88 XIII. Conclusion
