Safe Havens

Previous volumes in this series have addressed single grounds of deportation, for example, the volume on Aggravated Felonies[1] and the volume on Crimes of Moral Turpitude.[2]  Other conviction-based grounds of deportation have been addressed as chapters in works covering larger topics, for example, the firearms conviction ground of deportation, the controlled substances ground of deportation, and the domestic violence ground of deportation.[3]  There are, in addition, a number of additional far less common conviction-based grounds of deportation which have so far been only listed, in a comprehensive Checklist of Grounds of Deportation,[4] but have not been analyzed in detail.  These writings can be said fairly to describe the “problem” posed for immigrants who have been admitted to the United States by these various conviction-based grounds of deportation.

            This volume seeks to rise above the “problem” of what dispositions in criminal cases trigger deportation, and attempts to describe “solutions,” those dispositions of criminal cases that do not trigger any conviction-based ground of deportation. 

            It is not possible completely to list or discuss all “safe havens” that will not trigger deportation, given that there are 50 states, plus several other U.S.-governed jurisdictions, such as Puerto Rico, and in addition the federal criminal courts, not to mention the 170 or more foreign nations in all of which criminal “convictions” may be rendered that might trigger deportation under United States immigration law.

            This book attempts to gather — in an organized way — all decisions of administrative and federal courts that hold that a given conviction does not trigger deportation under one ground or another, in order to provide counsel with a surprising wealth of safe havens to steer for when constructing a disposition in a criminal case so it will not in fact cause the defendant to become deportable.  The common mythology holds that “everything” triggers deportation.  Surprisingly, the opposite is more nearly the case.  This volume collects over 160 decisions of the Board of Immigration Appeals and various federal courts holding that a given conviction does not constitute a crime involving moral turpitude, and an equivalent number holding that a given conviction does not constitute an aggravated felony, that provide targets for counsel to aim for in order to avoid deportation for the client.

            In addition, we have attempted to gather together some favorite dispositions that do not fall into any of the conviction-based grounds of deportation, and to describe in more detail the reasoning that leads to a conclusion that they do not, for counsel to use as “safe havens” when confronting different types of criminal cases.

            This work depends on the kindness of friends and strangers, in the sense that knowledgeable counsel have contributed some of their favorite safe havens, which have been incorporated into this work.  Please view the results with a critical intelligence, since the task is complex and it is always possible that other eyes will see what we have not.  Let us know of any additions, and improvements, as you encounter them, so we may make the results available for the benefit of all.  This work, as is the case with all volumes in this series, will be updated monthly on our web site at http://www.CriminalAndImmigrationLaw.com.

[1] N. Tooby, Aggravated Felonies (2003).

[2] N. Tooby, J. Rollin & J. Foster, Crimes of Moral Turpitude (2005).

[3] N. Tooby, Criminal Defense of Immigrants (2003), Chapters 4, 5, and 8, respectively.

[4] Appendix A, Checklist of Grounds of Deportation.