quick reference chart and notes for determining immigration - ILRC

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California Quick Reference Char and Notes February 2010 www.ilrc.org/criminal.php § N.14 Summary of Safer Pleas; Information for Clients N-120 § N.15 Client Immigration Questionnaires: Short and Long Versions N-145 § N.16 Handout on Representing Noncitizens in Juvenile Proceedings N-148 § N.17 Other Resources: Books, Websites, Trainings, Services N-150 I. Introduction and Instructions Note to Immigration Attorneys: Using the Chart. This chart was written for criminal defense counsel, not immigration counsel. It represents a conservative view of the law, meant to guide criminal defense counsel away from potentially dangerous options and toward safer ones. Immigration counsel should not rely on the Chart in deciding whether to pursue defense against removal. An offense may be listed as an aggravated felony or other adverse category here even if there are strong arguments to the contrary that might prevail in immigration proceedings. The advice in the Chart can provide guidance as to the risk of filing an affirmative application for a non-citizen with a criminal record. The Notes are basic summaries of several key topics and detailed instructions for creating safer plea bargains. This Chart and Notes are excerpted from Chapter 13 of Defending Immigrants in the Ninth Circuit: Impact of Criminal Convictions under California and Other States Laws (www.ilrc.org). For a more detailed analysis of defense arguments, see cited sections of Defending Immigrants and other works in Note: “Resources.” See additional on-line resources at www.ilrc.org/criminal.php (Immigrant Legal Resource Center), www.criminalandimmigrationlaw.com (Law Offices of Norton Tooby), www.defendingimmigrants.org (Defending Immigrants Partnership) and other sites noted at § N.17 Resources. 1. Using the Chart and Notes. The Chart analyzes adverse immigration consequences that flow from conviction of selected California offenses, and suggests how to avoid the consequences. The Chart appears organized numerically by code section. Several short articles or “Notes” provide more explanation of selected topics. These include Notes that explain the Chart’s immigration categories, such as aggravated 2 Immigrant Legal Resource Center
California Quick Reference Chart and Notes February 2010 www.ilrc.org/criminal.php felonies and crimes involving moral turpitude, as well as those that discuss certain kinds of commonly charged offenses, such as domestic violence or controlled substances. The 2010 Notes include several new practice aids. See § N.1 Identifying Defense Goals, which includes three new guides: a description of several types of immigration status and relevant criminal record bars, a description of what we call the immigration “strike” -- convictions that will cause a greatly enhanced sentence if the person later is prosecuted for illegal re-entry into the U.S. – and a summary of defense procedure, beginning with initial interview, in Ten Steps in Representing a Noncitizen Defendant. In addition, § N.14 Safer Pleas includes a summary of immigration-friendly pleas as well as a new aid: sample statements of the defense arguments relevant to the pleas, in “For the Defendant” boxes, which can be handed to the defendant or his or her immigration counsel, if any, for use in removal proceedings. 2. Sending comments about the Chart. Contact us if you disagree with an analysis, see a relevant new case, want to suggest other offenses to be analyzed or to propose other alternate “safer” pleas, or want to say how well the chart works for you or how it could be improved. Send email to chart@ilrc.org. This address will not answer legal questions; for information about obtaining legal consults on cases see “contract services” at www.ilrc.org and other resources at § N.17. 3. Need for Individual Analysis. This Chart and Notes are a summary of a complex body of law, to be consulted on-line or printed out and carried to courtrooms and client meetings for quick reference. However, more thorough individual analysis of a defendant’s immigration situation is needed to give competent defense advice. For example, the defense goals for representing a permanent resident are different from those for an undocumented person; the goals also change depending upon past convictions and what type of immigration relief is potentially available. See Note “Establishing Defense Goals.” The Chart and Notes are best used in conjunction with resource works such as Brady, Tooby, Mehr, Junck, Defending Immigrants in the Ninth Circuit (citations to specific sections are included throughout these materials) and/or along with consultation with an immigration expert. See Note “Resources.” Ideally each noncitizen defendant should complete a form such as the two (a short form and, where resources permit, long form) found at Note “Immigrant Client Questionnaire.” These forms capture the information needed to make an immigration analysis. Some offices print these forms on colored paper, so that defenders can immediately identify the file as involving a noncitizen client and have the client data needed to begin the immigration analysis. 4. Disclaimer, Additional Resources. While federal courts have specifically affirmed the immigration consequences listed for some of these offenses, in other cases the chart represents only the authors’ opinion as to how courts are likely to rule. In addition there Immigrant Legal Resource Center 3
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quick reference chart and notes for determining immigration - ILRC

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