quick reference chart and notes for determining immigration - ILRC

California Quick Reference Chart and Notes
February 2010
Notes Accompanying Quick Reference Chart
-Detailed Table of Contents-
By Katherine Brady
Immigrant Legal Resource Center 1
Introduction: Why Bother? What to Do?
§ N.1 Using the Chart to Establish Defense Goals Based on Immigration Status;
What is Deportability, Inadmissibility, and an Aggravated Felony
A. Introduction, Gathering Facts, Resources
B. What is the Meaning of “Inadmissible,” “Deportable” and “Aggravated Felony”?
C. How to Determine Your Client’s Immigration Status and Create Defense Priorities
1. The U.S. Citizen or U.S. National Defendant
2. The Undocumented Defendant
3. The Lawful Permanent Resident Defendant
4. The Asylee and Refugee Defendant
5. The Defendant with or Applying for Temporary Protected Status (TPS)
6. The Defendant with a Nonimmigrant Visa
7. The Defendant with Employment Authorization
8. The Mystery Status Defendant
9. The Absolutely Removable Defendant
D. Caution: The Immigration “Strike” – How to Avoid a Plea that will result in a
Severely Enhanced Sentence for a Noncitizen who May Re-enter the U.S. Illegally
After Being Removed/Deported
E. Checklist of Ten Steps in Representing a Noncitizen, from Interview Through Appeal
§ N.2 Definition of Conviction and How to Avoid a Conviction for Immigration Purposes
A. Overview
B. Rehabilitative Relief such as Deferred Entry of Judgment, Prop. 36, Expungements;
First Minor Drug Offenses and Rehabilitative Relief
C. Pre-Plea Dispositions
D. Juvenile Delinquency Dispositions
E. Guilty Plea Plus Suspended Fine or Other Non-Incarceratory Sanction
F. Infractions
G. Appeal, Including Slow Plea
H. Vacation of Judgment Based on Legal Defect
1 These Notes were written by ILRC Staff Attorney Katherine Brady, with invaluable help from Ann Benson, Holly
Cooper, Chris Gauger, Kara Hartzler, Angie Junck, Dan Kesselbrenner, Graciela Martinez, Michael K. Merhr,
Jonathan Moore and Norton Tooby.
N-2 Immigrant Legal Resource Center