quick reference chart and notes for determining immigration - ILRC

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