Immigration Consequences of Criminal Convictions in the Nineties PDF Download

Author: Mary E. Kramer
Publisher:
ISBN:
Category : Social Science
Languages : en
Pages : 164

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Author: John Rubin
Publisher: Unc School of Government
ISBN: 9781560119128
Category :
Languages : en
Pages : 180

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Book Description

Author: Erin O'Neil-Baker
Publisher:
ISBN:
Category : Alien criminals
Languages : en
Pages : 34

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Book Description

Author: Maricopa County (Ariz.). Office of the Public Defender
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 75

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Book Description

Author: Mary E. Kramer
Publisher: Amer Immigration Lawyers Assn
ISBN: 9781573701297
Category : Law
Languages : en
Pages : 267

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Book Description
As immigration law has become progressively harsh, more people are subject to removal for more types of crimes, and few individuals are eligible for criminal waivers.AILA?s Immigration Consequences of Criminal Activity provides the guidance you need for solutions to the criminal charges your clients face and the resulting immigration consequences.This detailed book covers immigration aspects of criminal convictions from the time the client walks in the door to the close of the case. It provides step-by-step guidance to help you --identify immigration classifications of the crime charged --identify adverse immigration consequences attached to convictions --identify potential forms of relief, including waivers --identify possible plea solutions In addition, Immigration Consequences provides a nuts and bolts discussion of how to prepare and present waivers, and addresses forms of relief for cooperating witnesses including S, T, and U nonimmigrant visas.It?s more important than ever before that both criminal and immigration attorneys be fully aware of unfavorable immigration consequences attached to pleas, and the importance of constructing a plea that avoids these consequences.AILA?s Immigration Consequences supplies the background to help you provide the well-informed representation your client deserves.

Author: Ann Benson
Publisher:
ISBN:
Category : Attorney and client
Languages : en
Pages : 33

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Author: National Lawyers Guild. San Francisco Bay Area Chapter
Publisher:
ISBN:
Category : Deportation
Languages : en
Pages : 147

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Author: Alina Das
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
For over a century, immigrants have faced adverse immigration consequences if convicted of certain types of offenses in criminal court. Many types of criminal convictions carry severe immigration penalties, including deportation, detention, and the denial of status like asylum or U.S. citizenship. The Supreme Court recently recognized that these penalties are so intimately tied to criminal court adjudications that criminal defense attorneys have a duty to advise noncitizen defendants of the immigration consequences of their guilty pleas in criminal court. Yet there is little clarity as to how one determines whether a particular conviction triggers an immigration penalty. Historically, courts have applied a categorical analysis for assessing the immigration consequences of a criminal conviction. Under a categorical analysis, an immigration official determines the penalties based on an assessment of the statutory definition of the offense, not the factual circumstances of the crime. However, recent Supreme Court, federal court, and agency decisions have ignored this longstanding analysis and have instead examined these issues through the lens of Taylor v. United States, a criminal sentencing case that adopts a categorical analysis in a different context. Distinguishing Taylor and its criminal sentencing rationales, recent decisions have invented a new approach for how past criminal convictions are assessed in the immigration context that now permits a circumstance-specific inquiry into facts beyond the criminal court's findings in some immigration cases. Under these recent decisions, the immigration consequences of a criminal conviction no longer turn on the criminal court adjudication alone, but may also account for facts that were not proven or pleaded in the criminal court proceeding. This article argues that this shift in analysis is based on a fundamental misunderstanding of the origins of categorical analysis in immigration law and its independent rationales, including its promotion of notice and an opportunity to be heard, uniformity, predictability, efficiency, and judicial review in the administrative agency context. The article further argues that, because of the flaw in the current debate, courts have failed to consider the negative impact that the erosion of categorical analysis has on the functioning of the current immigration and criminal justice systems. The rationales meriting categorical analysis apply with even greater force today than they did when categorical analysis was first articulated nearly a century ago.

Author: Norton Tooby
Publisher:
ISBN:
Category : Alien criminals
Languages : en
Pages : 215

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Book Description

Author: Dan Kesselbrenner
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 296

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Book Description
This comprehensive looseleaf treatise presents the law and procedure involved in representing a foreign-born criminal defendant. The work discusses the immigration consequences of criminal conviction and discretionary relief and other amelioration of the impact on immigration status.