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 />
C. Prisoners with Detainers Serving Sentences<br />
Detainers are routinely lodged against aliens serving sentences in jails or prisons if they<br />
are subject to deportation. Strategies include:<br />
‣ If an alien is convicted of a crime <strong>and</strong> the alien is either undocumented, out of status, or<br />
the conviction renders the alien deportable, it is important to try to obtain a sentence<br />
which would not require the defendant’s incarceration, in order to avoid contact with<br />
<strong>immigration</strong>.<br />
‣ Consider an appeal, including a slow plea, if it is not too late. See Note 2: Definition of<br />
Conviction.<br />
‣ A defendant sentenced <strong>for</strong> an offense is not subject to being taken into custody by ICE<br />
until after completion of the defendant’s sentence to confinement. ICE can take custody<br />
of the individual even if the defendant is released on probation or parole or supervised<br />
release. In relatively rare cases, removal hearings are held in prison, be<strong>for</strong>e the<br />
noncitizen completes his or her sentence.<br />
‣ Warn an alien who will be deported about the risk of federal prosecution <strong>for</strong> illegal reentry<br />
into the United States. The penalties are especially severe if there is a prior<br />
conviction of an aggravated felony or certain other felony convictions. See Note 1:<br />
Defense Goals, Part D. “The Immigration Strike”<br />
Immigrant Legal Resource Center N-59