Open Letter on What’s Up with Us at the Law Offices of Norton Tooby

Oct
02

Open Letter on What’s Up with Us at the Law Offices of Norton Tooby

 

        Please pay close attention to this letter if you subscribe to any of our newsletters or are...

Prior Juvenile Dispositions Arguably Do Not Disqualify Noncitizens From Effective FFOA Treatment Under Lujan

Oct
30

If a noncitizen has a first adult conviction of simple possession of a controlled substance, or any other such conviction of a qualifying offense, there is an argument that prior juvenile dispositions for controlled substances offenses should not...

Post Con Relief-Nunc Pro Tunc Orders

Jul
30

The notion of court orders nunc pro tunc is a very vague equitable doctrine.  Even if counsel obtains a nunc pro tunc order in criminal court, there is no guarantee at all the immigration court will reach the criminal...

California Witness Dissuasion Offers an Immigration-Safe Alternative Disposition, Especially in Domestic Violence Cases

Jun
11

A plea to simple witness dissuasion, in violation of California Penal Code § 136.1(b), does not trigger deportation under any ground, at least if there is no sentence imposed of one year or more in custody, whether or not execution is suspended....

Lack of Advice on Actual Immigration Consequences of Plea by Unrepresented Defendant: Potential Grounds To Vacate the Conviction

Apr
20

The narrow holding of Padilla does not apply where a defendant represented him- or herself in the criminal case, because there is no defense counsel in the case who is obligated affirmatively to give accurate advice concerning the...

Finding and Creating Federal Misdemeanors with One-Year Maximum Sentences

Apr
20

The federal accessory-after-the-fact statute, 18 U.S.C. 3, can be a tool for creating misdemeanors.  Any federal offense with a two-year maximum can be reduced to a misdemeanor (with a one-year maximum) by pleading to accessory after the...

California Witness Dissuasion Plea Offers An Immigration-Safe Alternative Disposition, Especially In Domestic Violence Cases

Feb
16

By Norton Tooby

 

            A plea to simple witness dissuasion, in violation of California Penal Code § 136.1(b), does not trigger deportation under any ground, at least...

How Padilla Might Help Defendants Who Pleaded Guilty Without Counsel

Jan
30

By Norton Tooby

 

The narrow holding of Padilla does not apply where a defendant represented him- or herself in the criminal case, because there is no counsel who is obligated affirmatively to give accurate advice...

California One-Year Custody as Condition of Probation May Not Constitute Aggravated Felony One-Year Sentence Imposed

Nov
07

Many aggravated felony definitions require that the court order a term of imprisonment for a qualifying conviction of one year or more, or they are not aggravated felonies.  For many of the most common aggravated felonies, the sentence...

First Drug Possession Convictions Occurring Before July 14, 2011 Can Still Be Erased By Expungement

Aug
22

In Lujan-Armendariz v. INS, 222 728 (9th Cir. 2000), the Ninth Circuit held that state rehabilitative relief from first-offense simple possession convictions was effective to eliminate all immigration consequences, by analogy to the Federal First...

Great Expansion of Free Content on this Website

Sep
02

All 8,000 pages of our Practice Manuals -- the best information in the world on criminal immigration law – are now available on this website.  All of the Practice Manuals are available for purchase as Online Editions that are viewable...

 

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