quick reference chart and notes for determining immigration - ILRC

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California Quick Reference Chart and Notes February 2010 § N.3 Record of Conviction and Divisible Statutes A. Overview: The Categorical and Modified Categorical Analysis B. When Does the Categorical Approach Not Apply to a Conviction? Moral Turpitude and “Circumstance Specific” Offenses C. What Documents Can the Immigration Judge Consult (“Reviewable Record of Conviction”)? D. Charging Papers, Plea Agreements, Minute Orders and Abstracts of Judgment E. Identify a Safer “Factual Basis for the Plea” § N.4 Sentence Solutions A. Definition of Sentence, Defense Strategies B. Offenses that Become an Aggravated Felony Based upon a Sentence of One Year or More C. “Sentence Imposed” and the Petty Offense Exception to the Moral Turpitude Inadmissibility Ground § N. 5 Immigration Holds and Detention; When To, and When Not To, Obtain Release from Criminal Incarceration § N.6 Aggravated Felonies A. Definition of Aggravated Felony B. Penalties for Conviction: Barred from Immigration Applications. C. Penalties for Conviction: Federal Offense of Illegal Re-entry D. List of Aggravated Felonies § N.7 Crimes Involving Moral Turpitude A. Overview B. Deportation Ground C. Ground of Inadmissibility § N.8 Drug Offenses A. Overview of Penalties for Drug Offenses B. Key Defense Strategies: Create a Record that Does Not Specify the Controlled Substance; Plead to Accessory After the Fact C. Simple Possession or Less D. Sale and Other Offenses beyond Possession E. Conduct-Based Grounds: Government has “Reason to Believe” Involvement in Trafficking; Formal Admission of a Drug Trafficking Offense; Drug Abuser/Addict F. Chart for Pleading to a Drug Offense: Ninth Circuit Law and Lopez-Gonzalez § N.9 Domestic Violence, Child Abuse, Stalking A. Conviction of a Crime of Domestic Violence B. Finding of Violation of a Domestic Violence Protective Order C. Conviction of a Crime of Child Abuse, Neglect or Abandonment D. Conviction for stalking Immigrant Legal Resource Center N-3
California Quick Reference Chart and Notes February 2010 § N.10 Sex Offenses A. Rape B. Sexual Abuse of a Minor C. Prostitution § N.11 U.S. Citizens and Permanent Residents Cannot Petition for a Relative if Convicted of Certain Offenses against a Minor § N.12 Firearms Offenses A. The Firearms Deportability Ground B. Firearms Offenses as Aggravated Felonies § N.13 Burglary, Theft and Fraud A. Burglary B. Theft C. Fraud § N.14 Analysis of Safer Alternatives: Alternate Pleas with Less Severe Immigration Consequences; Written Summaries to Provide to the Defendant or Immigration counsel A. All-Purpose Substitute Pleas: Accessory after the Fact, Solicitation, Not Aiding and Abetting B. Safer Pleas for Violent or Sexual Offenses C. Safer Pleas for DUI and Negligence/Recklessness that Risks Injury D. Safer Pleas for Offenses Related to Firearms or Explosives E. Safer pleas for offenses relating to fraud, theft, receipt of stolen property, or burglary F. Safer Pleas for Offenses Related to Drugs G. Safer Pleas for Obstruction of Justice (Defenses Relating to P.C. §§ 32 and 136.1(b) with a One-Year Sentence Imposed) H. Moral Turpitude and Matter of Silva-Trevino: Defense Strategies I. Dispositions that Avoid a “Conviction” J. Sentence of 364 Days or Less K. Is your client a U.S. citizen or national without knowing it? § N.15 Handout: Representing Noncitizens in Juvenile Proceedings § N.16 Client Immigration Questionnaire: Short and Expanded Versions § N.17 Other Resources: Books, Websites, Services N-4 Immigrant Legal Resource Center
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quick reference chart and notes for determining immigration - ILRC

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