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
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Cali<strong>for</strong>nia Quick Reference Char <strong>and</strong> Notes<br />
February 2010<br />
www.ilrc.org/criminal.php<br />
§ N.14 Summary of Safer Pleas; In<strong>for</strong>mation <strong>for</strong> Clients N-120<br />
§ N.15 Client Immigration Questionnaires: Short <strong>and</strong> Long Versions N-145<br />
§ N.16 H<strong>and</strong>out on Representing Noncitizens in Juvenile Proceedings N-148<br />
§ N.17 Other Resources: Books, Websites, Trainings, Services N-150<br />
I. Introduction <strong>and</strong> Instructions<br />
Note to Immigration Attorneys: Using the Chart. This <strong>chart</strong> was written <strong>for</strong> criminal<br />
defense counsel, not <strong>immigration</strong> counsel. It represents a conservative view of the law,<br />
meant to guide criminal defense counsel away from potentially dangerous options <strong>and</strong><br />
toward safer ones. Immigration counsel should not rely on the Chart in deciding whether<br />
to pursue defense against removal. An offense may be listed as an aggravated felony or<br />
other adverse category here even if there are strong arguments to the contrary that might<br />
prevail in <strong>immigration</strong> proceedings. The advice in the Chart can provide guidance as to<br />
the risk of filing an affirmative application <strong>for</strong> a non-citizen with a criminal record. The<br />
Notes are basic summaries of several key topics <strong>and</strong> detailed instructions <strong>for</strong> creating<br />
safer plea bargains.<br />
This Chart <strong>and</strong> Notes are excerpted from Chapter 13 of Defending Immigrants in the<br />
Ninth Circuit: Impact of Criminal Convictions under Cali<strong>for</strong>nia <strong>and</strong> Other States Laws<br />
(www.ilrc.org). For a more detailed analysis of defense arguments, see cited sections of<br />
Defending Immigrants <strong>and</strong> other works in Note: “Resources.” See additional on-line<br />
resources at www.ilrc.org/criminal.php (Immigrant Legal Resource Center),<br />
www.criminal<strong>and</strong><strong>immigration</strong>law.com (Law Offices of Norton Tooby),<br />
www.defendingimmigrants.org (Defending Immigrants Partnership) <strong>and</strong> other sites noted<br />
at § N.17 Resources.<br />
1. Using the Chart <strong>and</strong> Notes. The Chart analyzes adverse <strong>immigration</strong> consequences<br />
that flow from conviction of selected Cali<strong>for</strong>nia offenses, <strong>and</strong> suggests how to avoid the<br />
consequences. The Chart appears organized numerically by code section.<br />
Several short articles or “Notes” provide more explanation of selected topics. These<br />
include Notes that explain the Chart’s <strong>immigration</strong> categories, such as aggravated<br />
2 Immigrant Legal Resource Center