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 />
served, the conviction <strong>for</strong> theft had less than a year’s sentence <strong>and</strong> was not of an<br />
“aggravated felony.”<br />
• Where defense counsel h<strong>and</strong>ling a probation violation pled to a new offense, rather than<br />
adding time to the original offense that would cause the sentence to exceed 364 days, the<br />
residential burglary conviction was not of an aggravated felony. See additional strategies<br />
at § N.4 Sentence Solutions.<br />
Where defense counsel negotiated a plea to possession <strong>for</strong> sale of a “controlled substance” rather<br />
than of methamphetamine, the conviction did not cause deportability <strong>and</strong> was not an aggravated<br />
felony as a drug trafficking offense. See § N.8 Controlled Substances.<br />
Where defense counsel pled to transportation rather than sale of heroin under H&S § 11379(a),<br />
the conviction was not of an aggravated felony. See § N.8 Controlled Substances.<br />
Where counsel pled to P.C. § 243(e) (spousal battery) <strong>and</strong> kept the conviction record clear of<br />
evidence that more than offensive touching had occurred, the offense did not cause deportability<br />
as a crime of domestic violence – but the defendant still was able to accept anger management<br />
class, a stay-away order <strong>and</strong> jail as a condition of probation. See § N.9 Domestic Violence.<br />
Of Particular Note: Practice Tools in these Materials. Along with detailed instructions<br />
<strong>for</strong> pleas, these materials contain some new user-friendly sections.<br />
§ N.1 contains:<br />
‣ Defense goals spelled out according to <strong>immigration</strong> status (Part C)<br />
‣ How to Avoid an Immigration “Strike” – a conviction that will cause an enhanced<br />
sentence <strong>for</strong> illegal re-entry after removal with a prior (Part D)<br />
‣ Ten Crucial Steps to Defending a Noncitizen: From Interview through Appeal (Part E)<br />
§ N.2 contains a discussion of the critical defense tool, the categorical <strong>and</strong> modified categorical<br />
approach, i.e. dealing with the reviewable record of conviction <strong>and</strong> divisible statutes.<br />
§ N.7 contains a discussion of how to deal with the fact that currently <strong>immigration</strong> authorities do<br />
not use the full categorical approach to determine whether an offense is a crime involving moral<br />
turpitude, under Matter of Silva-Trevino.<br />
§ N. 14 contains:<br />
‣ A summary of ideas <strong>for</strong> alternate pleas, arranged by charge (e.g., violent offenses)<br />
‣ One-paragraph summaries of common <strong>immigration</strong> defenses, with citations, which<br />
counsel can give to noncitizen defendants who will go to removal proceedings; these<br />
summaries may be simply h<strong>and</strong>ed to the <strong>immigration</strong> judge by unrepresented persons.<br />
N-8 Immigrant Legal Resource Center