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 Chart <strong>and</strong> Notes<br />
February 2010<br />
process than traffic court. The complex legal decision on the aggravated felony charge is made<br />
by a non-attorney <strong>immigration</strong> officer, signed off on by a second officer, with no recourse to<br />
review by an <strong>immigration</strong> judge or other authority. At this time the majority of noncitizens who<br />
are <strong>for</strong>mally deported as aggravated felons never see a judge. 5<br />
In both types of removal proceedings there is no court-appointed counsel to assist the<br />
immigrant. The vast majority of noncitizens in removal proceedings are unrepresented <strong>and</strong> face<br />
the government trial attorney <strong>and</strong> Immigration Judge (or in administrative proceedings, the<br />
government officer as judge) with no advice or support.<br />
What is so bad about being “removed”? For some defendants, not so much. They care<br />
much more about the possible criminal penalties than <strong>immigration</strong> consequences, <strong>and</strong> the<br />
defense should be conducted accordingly. However, many other immigrant defendants are<br />
desperate to remain in the U.S. <strong>and</strong> would sacrifice almost any other consideration to avoid<br />
removal. Consider that:<br />
‣ Noncitizens are deeply integrated into the families <strong>and</strong> population of the United States, <strong>and</strong><br />
Cali<strong>for</strong>nia in particular. For example, the 2000 census found that 47% of the children<br />
residing in Cali<strong>for</strong>nia live in a household headed by at least one <strong>for</strong>eign-born person. 6 A<br />
2006 study found that on average, over 50% of noncitizens charged with being deportable <strong>for</strong><br />
a so-called aggravated felony conviction (which can include a single non-violent<br />
misdemeanor) have resided in the United States <strong>for</strong> more than fifteen years. Twenty-five<br />
percent of these noncitizens have resided here <strong>for</strong> more than twenty years. 7<br />
‣ Regardless of family, some clients desperately want to avoid being deported back to<br />
countries where it is likely that they will be persecuted based on race, religion, or social<br />
group. Others fear returning to countries where there is generalized violence, civil war, or<br />
little or no functioning government. A great number face return to countries where there is<br />
economic devastation, <strong>and</strong>/or where they know no one <strong>and</strong> in many cases do not speak the<br />
language.<br />
‣ Why should they care, when they’ll just come right back? Whether they know it or not,<br />
many deported noncitizens will face significant U.S. prison terms. Some noncitizens,<br />
5 See study by the Immigration Project at the Transactional Access Records Clearinghouse (TRAC) report showing<br />
that the majority of noncitizens charged <strong>and</strong> removed as aggravated felonies have no court hearing whatsoever,<br />
pursuant to a decision of an <strong>immigration</strong> officer. See “New Data on the Processing of So-Called Aggravated Felons”<br />
(2006), available at http://trac.syr.edu/<strong>immigration</strong>/reports/175/.” In 2005, over 25,000 persons were ordered<br />
removed as aggravated felons, over half of them with no hearing be<strong>for</strong>e a judge or appellate review. The aggravated<br />
felony ground is only one of several crimes-based grounds <strong>for</strong> deportation, <strong>and</strong> it is the only charge under which a<br />
noncitizen may be ordered removed by an officer rather than a judge.<br />
6 See “Profile of the Foreign-Born Population of the United States, 2000,” from the U.S. Census Bureau’s reports,<br />
www.census.gov.<br />
7<br />
See “How Often is the Aggravated Felony Statute Used?” (2006), a study by the TRAC Immigration Project, of<br />
how many persons were ordered removed by <strong>immigration</strong> judges, available at<br />
http://trac.syr.edu/<strong>immigration</strong>/reports/158/. The aggravated felony ground is only one of several crimes-based<br />
grounds <strong>for</strong> deportation.<br />
N-6 Immigrant Legal Resource Center