quick reference chart and notes for determining immigration - ILRC
quick reference chart and notes for determining immigration - ILRC
quick reference chart and notes for determining immigration - ILRC
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
Cali<strong>for</strong>nia Quick Reference Chart <strong>and</strong> Notes<br />
February 2010<br />
Give defense tools in writing to the Defendant. Look <strong>for</strong> “For the Defendant” boxes.<br />
The vast majority of immigrants are unrepresented in deportation (“removal”)<br />
proceedings. They face an opposing government attorney with no legal advice or support. Many<br />
<strong>immigration</strong> judges are not expert in the specialized area of <strong>immigration</strong> consequences of crimes,<br />
<strong>and</strong> moreover they deal with enormously high caseloads. If you negotiate a safer plea <strong>for</strong><br />
<strong>immigration</strong> purposes, make sure it doesn’t go to waste. Give your client (or her <strong>immigration</strong><br />
counsel, if any) a written statement describing the available arguments as to why the criminal<br />
disposition avoids an <strong>immigration</strong> consequence.<br />
This Note provides you with a summary of strategic in<strong>for</strong>mation <strong>and</strong> ideas <strong>for</strong> alternate<br />
pleas, as well as written summaries of defense arguments, which can be copied or photocopied<br />
<strong>and</strong> h<strong>and</strong>ed to the noncitizen defendant. See in<strong>for</strong>mation in boxes marked “For the Defendant.”<br />
These sections summarize available defense arguments <strong>and</strong> provide citations. Giving this<br />
in<strong>for</strong>mation to your client is especially important if he or she does not have <strong>immigration</strong> counsel:<br />
your client literally will h<strong>and</strong> this piece of paper to the <strong>immigration</strong> judge. For example, if Mr.<br />
Cazares pled guilty to H&S § 11379(a), specifically to transportation of an unspecified<br />
controlled substance, you may give him a written statement such as:<br />
Transportation <strong>for</strong> personal use is not an aggravated felony. An offense involving an<br />
unspecified Cali<strong>for</strong>nia controlled substance is not a deportable or inadmissible offense<br />
or an aggravated felony. Ruiz-Vidal v. Gonzales, 473 F.3d 1072 (9 th Cir. 2007).<br />
Besides providing this in<strong>for</strong>mation, give the defendant copies of any documents that<br />
establish beneficial aspects of the plea. These may include the charging document including<br />
any written amendments, a written plea agreement, the minute order (e.g., showing charge was<br />
amended) <strong>and</strong> the abstract of judgment (same). Make sure that these records correctly reflect the<br />
disposition you worked out (especially indicating if the original charge was amended), <strong>and</strong> that<br />
they do not contain any notations or in<strong>for</strong>mation that is inconsistent with your bargain.<br />
Make sure papers are not used against the client. A lawful permanent resident should<br />
show these materials to <strong>immigration</strong> counsel or, if there is none, the judge, but should not show<br />
them to government interviewers or the ICE attorney. (A non-LPR may find herself with an<br />
ICE officer acting as “judge,” so she may need to show the officer.) Do not h<strong>and</strong> the defendant<br />
documents that are detrimental to the case. ICE has the burden of obtaining documents to<br />
prove that a conviction exists <strong>and</strong> is a basis <strong>for</strong> removal. Finally, if the defendant does not have<br />
an <strong>immigration</strong> hold <strong>and</strong> is not going directly to proceedings, mail the materials to him or her.<br />
You can assure your client that he or she does not have to make the argument to the<br />
<strong>immigration</strong> judge. That is the advantage of having a written summary. However, the best result<br />
will come when your client underst<strong>and</strong>s as much as possible about the <strong>immigration</strong> defense.<br />
This underst<strong>and</strong>ing may be the thing that gives your client the courage <strong>and</strong> tenacity to withst<strong>and</strong><br />
railroading <strong>and</strong> the pressure of detention, <strong>and</strong> to make his or her voice heard.<br />
Immigrant Legal Resource Center N-121