Safe Havens

(B)  A client who has already suffered a given conviction seeks advice on the immigration consequences, especially deportability, of the conviction, and will want to determine whether it falls into a safe haven such that it does not in fact trigger deportation.  See § 1.6, infra.  Immigration counsel in this situation may also wish to identify arguments that the conviction does not trigger deportation that can be raised before the immigration court, the Board of Immigration Appeals, or the federal courts in order to protect their clients against deportation by obtaining an order terminating proceedings.  See § 1.7, infra.  If that is not possible, immigration counsel may wish to attempt to raise legitimate arguments so that even if they are not ultimately successful in immigration court, they have at least temporarily forestalled deportation for a sufficient period of time to give criminal counsel an opportunity to re-enter the criminal courts, vacate the conviction on post-conviction relief, and obtain a substitute disposition that constitutes a safe haven protecting the client from deportation.  See § 1.8, infra.