Safe Havens
Summary Table of Contents
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A
“A” Number 5.11
Abortion 8.8
Abuse see Domestic Violence Offenses; Sex Offenses
Accessory After the Fact see Non-Substantive Offenses
Accessory Before the Fact see Non-Substantive Offenses, Aiding and Abetting
Accomplice Liability see Non-Substantive Offenses, Aiding and Abetting
Acquittal see Conviction
Addiction or Abuse see Controlled Substance Offenses
Address, Failure to Change 7.182
Adjustment of Status
As an Admission 4.34(D)
Conditional Permanent Resident 7.194
Inadmissibility 7.196
Defined 4.34(C)
Juvenile 7.196(D)
Violence Against Women Act 7.196(C)
Visa Fraud 7.196(B)
Administrative Findings, Deportation based on see Grounds of Deportation
Admission by Defendant 6.33
See also Plea; Record of Conviction
Conduct-Based Grounds of Removal 6.33(B)
Controlled Substance Offenses 6.33(C)
Crime of Moral Turpitude 6.33(C)
Admission to U.S.
Adjustment of Status as Admission 4.34(D)
Aggravated Felonies 7.6
Convictions Prior To 4.34
Crimes of Moral Turpitude 7.130
Defined 4.34(C)
Domestic Violence 7.163
Health Entry Conditions 7.195
Inadmissibility 4.34(B)
Returning Lawful Permanent Residents 4.34(C), 7.130, 7.190
Adopted Children, Foreign Born 4.5
Adult Court see Juvenile
Adultery see Sex Offenses
Advice of Immigration Consequences see Client
Agency Finding Based Grounds of Deportation see Grounds of Deportation
Aggravated Felonies
See also individual offenses
Adjustment of Status see Adjustment of Status
After Admission see Admission
Alienage see Alienage
Categorical Analysis 7.14 see also Record of Conviction
Conviction, Definition of see Conviction
Definition 7.14
Federal or State Law Violation 7.16
Divisible Statutes see Record of Conviction
Effective Date 4.14
Elements of Removal Ground 7.3-7.17
Federal Law, Application 7.16
Federal Offenses, Definition
“Described in” Federal Statutes 7.38
“Relating to” Federal Statutes 7.9(C), 7.17, 7.35(D), 7.38
Felony Offenses see Felony
Foreign Convictions 7.15 see also Foreign Convictions
Generally 7.2–7.104
Aggravated Felonies (cont’d)
Judicial Recommendation Against Deportation (JRAD) see Judicial Recommendation Against Deportation
Juveniles see Juveniles
Misdemeanor Offenses 7.20, 7.25(B)
Non-Substantive Offenses see Non-Substantive Offenses
Pardons see Pardons
Parentheticals 7.9(C), 7.17, 7.32(B), 7.38, 7.72(D)
Record of Conviction see Record of Conviction
Retroactivity 4.11
Safe Havens 5.37-5.38, 7.2, 7.29, 8.1
Sentence
Definition 4.11, 7.18, 7.25 see also Sentence
One-Year Rule
Aggravated Felonies Regardless of Sentence 7.18(A)
Offenses Defined in Terms of Potential Sentence 7.28
Offenses Requiring a One-Year Sentence 7.24
Techniques to Avoid a One-Year Sentence 7.26
State Convictions, Definition 7.16 see also Conviction
Substantive Offense 7.7 see also Non-Substantive Offenses
Vacating see Post-Conviction Relief
Aiding and Abetting see Non-Substantive Offenses
Alien Smuggling, Harboring, Transporting see Smuggling Immigrants Offenses
Alienage 4.4-4.7
American Indians Born in Canada 4.7, 5.7
Aggravated Felonies 7.4
Checking for Non-Deportable Status 5.7
Child Citizenship Act of 2000 (CCA) 4.51(F)
U.S. Citizens see Citizenship
U.S. Nationals 4.6, 5.7
American Indians see Alienage
Amnesty 5.12
Antique Firearm Exception see Firearms Offenses
Appeal
Direct Criminal Appeal 4.21
Immigration 3.4(E)
Late Criminal Appeal 4.23
Assault
See also Crime of Violence
Aggravated Felony 8.10(A)
Crime of Moral Turpitude 8.10(B)
Crime of Violence 7.41, 8.10
Domestic Violence 7.147, 8.10
Intent 8.10
On an Officer 8.10(B)
Safe Haven 9.16
Sexual Assault 8.84 see also Assault; Children, Offenses Committed Against; Sex Offenses
Simple 8.10(B)
Target Offenses 8.10(B)
Weapons 8.10(B)
Asylum 5.6(B), 7.184(D)
Attempt see Non-Substantive Offenses
Attempted Suicide 8.9
Attorney-Client Privilege see Working with Counsel
Automobile Burglary see Motor Vehicle Offenses
B
Bad Checks see Financial Crimes
Banking Offenses see Financial Crimes
Battery see Assault
Bastardy 8.75(B)
Bigamy 8.75(B)
Blackmail see Extortion
Board of Immigration Appeals 3.4(D)
Border Crossing 7.181
Bribery
As Aggravated Felony 7.35, 8.21(A)
Commercial 7.35
Crime of Moral Turpitude 8.21(B)
Gratuity 7.35(C), 9.40
Of Public Officials 7.35(B)
Safe Havens 9.40
Of Witnesses 7.36
Burden of Proof
Agency/Court Finding Based Grounds of Deportation 2.11
Clear and Convincing Evidence 5.24
Conduct Based Grounds of Deportation 2.9
In Deportation Proceedings 5.23
Public Charge 7.189(B)
Rule of Lenity 5.25
Standard of Proof 5.24
Burglary
Aggravated Felony with One-Year Sentence 7.37(F), 8.38(A)
Attempted Theft 7.37, 8.38(A) see also Theft; Attempt
Automobile 7.37(D), 9.34, 8.38
Building or Structure 7.37(D)
Crime of Moral Turpitude 8.38(B)
Crime of Violence 7.37, 8.38(A) see also Crime of Violence
Definition 7.37(A), 8.38
Divisible Statutes/Record of Conviction 7.37(B) see also Record of Conviction
Intent 7.37(E)
Possession of Burglary Tools 8.38, 8.70, 9.35
Safe Haven 9.33
Unlawful Entry 7.37(C)
C
Caseload, Ninth Circuit 3.4(E)
Categorical Analysis see Record of Conviction
Certified Copies see Victory, Documenting; Investigation
Change Address, Failure to 7.182
Charging Documents see Record of Conviction
Checklists
Conduct Based Grounds of Deportation 2.10
Conviction Based Grounds of Deportation 2.8, 4.2
Deportation Consequences of Specific Crimes, by Jurisdiction 5.1
General Safe Havens 4.3
Grounds of Deportation 2.14
Checks, Passing Bad see Financial Crimes
Child Citizenship Act of 2000 (CCA) see Alienage
Children, Offenses Committed Against
See also Sex Offenses; Crime of Violence
Aggravated Felony see Sex Offenses, Sexual Abuse of a Minor
Annoying or Molesting a Child 7.96(A), 7.98(B)-7.98(C)
Child Abandonment
Crime of Moral Turpitude 8.75(B)
Domestic Violence Offense 7.157(C)
Child Abuse 7.98, 7.157(B), 8.73 see also Domestic Violence Offense
Child Neglect 7.157(C)
Contributing to the Delinquency of a Minor 8.77(B) see also Juvenile
Incest 8.75(B)
Lewd Act with Child 7.96, 8.77
Pornography and Sexual Exploitation Offenses 7.38, 9.17
Sexual Assault 8.77, 8.84
Sex With a Minor 7.54
Chronology, Preparing see Client
Circuit Court Decisions see Safe Haven, Evaluating
Citizenship, United States 4.5
False Claim of 4.5, 7.183, 9.27
Citizenship, United States (cont’d)
Investigation to Establish 5.7
Non-Deportable 5.7
Clemency see Pardons
Client 5.3-5.5
Advice to 1.3
Chronology, Preparing 5.18
Citizenship 5.7
Concerns 5.4
Criminal Record 3.19, 5.9
Custody Status 3.22
Equities 3.23, 5.8
Goals 3.2, 3.5, 5.21
Immigration Record 3.20, 5.6
Immigration Status 5.6
Interview 5.3-5.9
Non-English Speaking 5.5
Rehabilitation 3.21
Trauma, Coping with 5.4(A)
Using this Book 1.3
Collateral Attack, Immigration Court see Conviction
Conditional Permanent Residence see Lawful Permanent Resident
Conduct-Based Grounds of Deportability see Grounds of Deportation
Conspiracy see Non-Substantive Offenses
Computer Access, Unauthorized 9.44 see also Financial Crimes
Conjunctive Statutes see Record of Conviction
Consular Processing 4.32(B)
Contempt 8.22
Contributing to the Delinquency of a Minor see Children, Offenses Committed Against
Controlled Substance Offenses
Addict or Abuser 7.137
Admission of Offense 6.33(C)
Aggravated Felony, Definition 7.64-7.71
Bunk 7.69(B)
Cocaine Base 7.22(C)
Conduct-Based Grounds of Deportability 2.9
Conviction Based Ground of Deportability 7.138-7.139
Elements 7.139
Prior Version 7.138(A)
Counterfeit Substances 7.69(B)
Crime of Moral Turpitude 8.2-8.6, 9.3, 9.10(B)
Date-Rape Drug 7.22(C)
Distribution
of a Controlled Substance 8.3(A)
of a Small Amount of Marijuana 4.27(B), 7.22(F), 7.69(C), 9.5
Driving under the Influence see Motor Vehicle Offenses
Expungements see Post-Conviction Relief
Federal/State Analogues 7.69, 9.3
Federal First Offender Act 4.27, 7.70 see also Post-Conviction Relief
Federal Offenses 7.19(A)
Federally Listed Substances 7.142-7.143
Felony Offense 7.19, 7.22, 7.66 see also Felony Offenses
Flunitrazepam 7.22(C)
General Safe Havens 7.140
Hashish 9.4(B) see also Marijuana
Hazardous Waste 9.11
Manufacturing 7.69(D), 7.69(F), 8.5, 9.4
Marijuana Exception 7.114 see also Controlled Substances, Distribution
Misdemeanor Offense 7.66
Simple Possession 7.114, 7.22(C)-(E)
Nature of Controlled Substance, Record of Conviction 9.3
Non-Substantive Offenses see Non-Substantive Offenses
Obstruction of Justice 7.8(B)
Paraphernalia 7.142(D)
Controlled Substance Offenses (cont’d)
Possession 4.27, 7.22(C)-(E), 8.3, 9.4
Aggravated Felony 8.3(A)
Crime of Moral Turpitude 8.3(B)
First Time 7.22(C), 7.22(E), 8.3
Subsequent 4.27(G), 7.22(D), 8.3
“Reason to Believe” Drug Trafficking Grounds of Inadmissibility 6.33(B), 8.5, 9.8
Reduction of Felony to Misdemeanor see Sentence
Regulatory Offenses 8.4, 9.6
Rehabilitative Relief see Post-Conviction Relief
Retroactivity 7.66(D), 7.69(E), 9.3(D)
Safe Havens 9.2-9.12
Schedules 9.3
Sentence 7.19, 7.22, 7.66
Felony 7.19, 7.22
No Incarceration Imposed 7.22(H)
Reduction to Misdemeanor 7.23 see also Post-Conviction Relief
Simulated Substance 7.69(B)
State/Federal Analogues 7.69, 9.3
Trafficking
Aggravated Felonies 7.65, 8.6(A)
Crime of Moral Turpitude 8.6(B)
Definition 7.68, 8.6
Requirement of Felony 7.22(G), 7.66
Transportation 7.69(G), 8.3, 8.5(A), 9.10(C)
For Personal Use 8.3, 9.10(C)
Unidentified Substance 7.67, 9.3
Conviction
Acquittal 4.15
Aggravated Felony 7.5
Appeal see Appeal
Avoiding a Conviction 2.4, 5.27
Charges see Record of Conviction
Collateral Attack in Immigration Court 2.7, 4.28(B)
Consular Processing 4.32(B)
Conviction Based Grounds of Deportation see Grounds of Deportation
Date of Conviction 6.3(B)
Defective 4.30-4.33
Deferral
Deferred Adjudication 4.16(B)
Deferred Entry of Judgment 4.16(B), 6.3(B), 7.25(B)
Deferred Prosecution 4.17
Deferred Sentence 4.19, 5.45(A)
Deferred Verdict 4.18
Definition 4.11, 4.14
Dismissed Charges 4.13(B), 4.16
Diversion Programs 4.16(B)
Expungements see Post-Conviction Relief
In Absentia Convictions 2.7(D), 4.32
Fact of Conviction 2.7(A)
Finality 4.20-4.23, 4.35(K), 6.32(B)
Foreign Convictions see Foreign Convictions
Juvenile Delinquency Findings see Juveniles
Nature of Conviction 2.7(A)
Non-Conviction Dispositions see Non-Conviction Dispositions
Non-Deportable Convictions see Non-Deportable Convictions
Prior to Admission to U.S. 4.34
Post-Conviction Relief see Post-Conviction Relief
State Rehabilitative Relief see Post-Conviction Relief
Vacated Convictions see Post-Conviction Relief
Conviction Based Grounds of Deportation see Grounds of Deportation
Counsel see Working with Counsel
Counterfeit Drugs see Controlled Substance Offenses
Counterfeiting 7.40, 8.23
Court Finding Based Grounds of Deportation see Grounds of Deportation
Court Records see Investigation; Record of Conviction
Crime of Moral Turpitude
Admissions of Crimes of Moral Turpitude 6.33(C)
Definitions 7.105, 7.106(B)
Deportability
One Crime of Moral Turpitude 1.105(A), 7.107(A), 7.125-7.130
5/10 Year Requirement 7.130
Effective Date 7.128, 7.129
Elements 7.126
Former Versions 7.129
Prior Conviction, Effect on Sentence 7.128(B)
Reduction to Misdemeanor 7.12(C)
Sentence Requirement 7.127, 7.128(A)
Multiple Crimes of Moral Turpitude 7.107(E), 7.131-7.135
Elements 7.132
Retroactivity 7.132
Single Scheme 7.133
Burden of Proof 7.133(B)
Strategy 7.133(C)
Intent see Intent
Malum Prohibitum/In Se 7.108(C)
Non-Substantive Offenses 7.135 see also Non-Substantive Offenses
Petty Offense Exception 5.44, 5.45(A)
Prior Grant of Immigration Relief, Effect of 7.135
Prior to Admission 7.130
Record of Conviction see Record of Conviction
Regulatory Offenses 7.108, 8.32
Safe Havens 5.39, 7.105-7.135, 8.1
Sentence Requirements 7.127-7.129
Target Offenses 7.120, 8.10(B), 8.70, 9.33
Waivers, Effect of 7.134
Crime, Seriousness of 3.14
Facts 3.15
Offense of Conviction 3.16
Sentence 3.17 see also Sentence
Safe Havens 9.13-9.19
Crimes of Violence 7.41-7.60
Attempt 7.41 see also Non-Substantive Offenses
Definition 7.42, 7.44, 7.51
Felony Offenses 7.19, 7.21, 7.52 see also Felony
Force Requirement 7.45-7.47, 7.54-7.58, 8.10(A)
Intent Requirement 7.49, 7.57, 7.59, 8.10(A) see also Intent
Juvenile Offenders 4.10(C)
Misdemeanor Offenses 7.20, 7.43
Political Offense Exception 7.50
Prisoner Property 7.48, 7.56
Safe Havens 9.13-9.19
Sentence Requirement 7.43, 8.10(A)
Sentencing Guideline Definition 7.42
Sex with a Minor 7.54, 7.101
Substantial Risk Requirement 7.54
Threat 7.46
18 U.S.C. § 16(a) 7.44-7.50
18 U.S.C. § 16(b) 7.51-7.59
Criminal History, Obtaining see Investigation
Criminal Proceedings, Rights During 4.11
Currency Violations see Financial Crimes
Custody see Client
D
Deceit see Fraud
Defense Counsel see also Working with Counsel
How to Use This Book 1.9-1.11
Deferrals see Conviction
Delay of Mail 8.29, 9.36
Delinquency Findings see Juveniles
Department of Motor Vehicles, Records see Investigation
Deportation Grounds see Grounds of Deportation
Deportation Proceedings
Postponing 4.27(J), 4.28(C)
Destructive Devices see Firearms Offenses, Deportability
Disjunctive Statutes see Record of Conviction
Dismissed Counts
Definition of Conviction see Conviction
Not Part of Record of Conviction see Record of Conviction
Disorderly Conduct 8.24
Distribution of a Controlled Substance see Controlled Substances
Disturbing the Peace 5.33, 9.18
Diversion Programs see Conviction
Divisible Statute Analysis see Record of Conviction
Document Fraud
See also Fraud
Administrative Finding Based Ground of Deportation 2.13, 7.184
Aggravated Felony 7.63, 8.58(A)
Conviction Based Ground of Deportability 7.63, 7.186, 7.187
Crime of Moral Turpitude 8.58(B)
Immigration Related 7.184-7.187, 8.58
Registration 7.186
Documents see Investigation; Victory, Documenting
Domestic Violence Convictions
Against the Person 7.155
Aggravated Felony 7.148(E), 8.73, 8.74
Crime of Moral Turpitude 7.148(E), 8.73, 8.74, 8.75(B)
Crime of Violence 7.150(B), 7.153 see also Crime of Violence
Effective Date 7.152
Elements 7.147(C), 7.148
Foreign Conviction 7.147(B)
General Safe Havens 7.149
Listed Offenses 7.150
Non-Substantive Offenses 7.151 see also Non-Substantive Offenses
Record of Conviction 7.148(F), 7.150(C), 7.154(C) see also Record of Conviction
Relationship to Other Grounds of Removal 7.148(E)
Safe Havens 9.13-9.19
Specific Offenses
Child Abandonment 7.157(C), 8.75(B)
Child Abuse 7.157(B), 8.73
Child Neglect 7.157(C)
Domestic Violence 8.74 see also Crimes of Violence
Sexual Assault and Battery see also Sexual Abuse of a Minor
Stalking 7.156, 8.17
Victim, Definition 7.148(D), 7.154-7.155
State Law 7.154(B)
Record of Conviction 7.154(C)
Domestic Violence, Temporary Restraining Order Violations 2.12, 7.158-7.159
After Admission 7.163
Application to Juveniles 7.158(B)
Effective Date 7.164
Elements 7.159
Finding by Court Requirement 7.162-7.163
No Jurisdiction 7.162
Vacated Order 7.160(C)
Validity of Order 7.160(B)
Injunction Requirement 7.160(A)
Portion Violated 7.165
Protection Order Requirements 7.160, 7.165
Driving Under the Influence see Motor Vehicle Offenses
Drug Abuse and Addiction see Controlled Substance Offenses
Drug Offenses see Controlled Substance Offenses
Drunk Driving see Motor Vehicle Offenses
E
Embezzlement 8.39
Endangerment 8.11
Enemy Citizens During Wartime 7.202
Entry into U.S. 7.197 see also Admission to U.S., Illegal Entry
Equities of Client see Client
Escape 8.25
Espionage 7.203-7.204, 7.207
Evaluating a Safe Haven see Safe Haven, Evaluating
Ex Post Facto 5.54 see also Retroactivity
Export Violations 7.166 see also Controlled Substances
Explosive Materials see Firearms Offenses
Expungements see Post-Conviction Relief
Extortion 7.72, 8.40
Extrajudicial Killing 7.205
F
Facilitation see Non-Substantive Offenses
Facts
Admitting see Admission by Defendant; Plea; Record of Conviction
Fact of Conviction see Record of Conviction
Factual Basis see Plea
Foreign Convictions 6.22(B)
Irrelevance of see Record of Conviction
Failure to Appear in Court 7.73
To Face Charges 7.74
To Serve Sentence 7.75
Failure to Change Address 7.182
False Claim of U.S. Citizenship see Citizenship
False Documents to Obtain Immigration Benefit see Document Fraud
False Statement Offenses 8.49
See also Fraud
Aggravated Felony 8.50
Crime of Moral Turpitude 8.50
Insurance Claim 9.24
Federal Bureau of Investigation see Investigation
Federal First Offender Act (FFOA) see Controlled Substance Offenses
Federal Juvenile Delinquency Act (FJDA) see Juveniles
Federal Youth Corrections Act see Juveniles
Felony Offenses
Federal Definition 5.48, 7.19-7.22
Controlled Substance Convictions 7.19-7.22 see also Controlled Substance Offenses
Crime of Violence 7.19, 7.21
Effect on Immigration Status 5.47
Immigration/Sentencing Split 5.49(C)
Reduction to Misdemeanor 7.23 see also Sentence
State Definition 7.19-7.22, 7.27(B)
FFOA see Controlled Substance Offenses
Financial Crimes 8.26, 9.38-9.46
Aggravated Felonies 8.26(A)
Banking Regulation Violations 9.39
Currency Violations 8.26(B)
False Insurance Claim 9.24
Gratuity see Bribery
Loan Sharking 8.26(B)
Passing Bad Checks 8.43
Price Fixing 9.41
Securities Fraud 8.26(B)
Structuring Financial Transactions 8.26(B), 9.42
Tax Offenses see Tax Offenses
Unauthorized Computer Access 9.44
Unlicensed Money Transmitting Business 9.45
Finality of Conviction see Conviction
Firearms Offenses
Aggravated Felony 7.76-7.78, 8.54(A)
Effective Date 7.78(B)
Federal Listed Specific Firearms Offense 7.78
Firearms Trafficking 7.77, 8.54(A)
In Destructive Devices 7.62, 7.77, 7.78(B)
Internal Revenue Offenses 7.78(B)
Ammunition Offenses 7.77-7.78(B), 7.174
Conviction Based Ground of Deportability 7.167-7.179
Ammunition 7.174
Antique Firearm Exception 7.173
Effective Date 7.179
Elements 7.168
General Safe Havens 7.169
Non-Substantive Offenses 7.176 see also Non-Substantive Offenses
Sporting/Cultural Use Exception 7.175
Unidentified Weapon 7.172, 9.21
Unlisted Offense 7.170
Crime of Moral Turpitude 7.108(E), 8.54(B)
Definition of Firearm 7.78(B), 7.171, 7.173, 7.174
Controlled Substance Offenses see Controlled Substance Offenses
Crime of Violence see Crime of Violence
Export Violations see Export Violations
General Safe Havens 7.169
Non-Substantive Offenses see Non-Substantive Offenses
Safe Havens 9.20-9.22
Sentencing Enhancements 5.57(B), 7.25
Specific Offenses 7.76-7.78
FOIA see Investigation
Foreign Convictions 4.12, 4.20, 4.35
Aggravated Felonies 4.35(B), 7.15
Applicable Standards 4.35(C)
By Member of U.S. Armed forces 4.35(J)
Criminal Procedures 4.35(D)
Domestic Violence 7.147(B)
Expungements 4.27(H), 4.35(G)
Finality 4.35(K)
Judicial Recommendations Against Deportation 4.35(F)
Juveniles 4.35(I)
Pardons 4.35(H)
Post-Conviction Relief 4.35(E)
Sentence 4.35
Foreign Agent Registration Act Violation 7.207
Foreign Policy 7.208
Forgery 7.79
Aggravated Felony 7.79, 8.51(A)
Crime of Moral Turpitude 8.51(B)
Fornication see Sex Offenses
Fraud
See also False Statements
Against the Government 8.27
See also Document Fraud
Aggravated Felony 8.27(A)
Crime of Moral Turpitude 8.27(B)
Intent 8.27(A) see also Intent
Loss 8.27(A) see also Fraud
Aggravated Felony 7.80, 8.41(A)
See also False Statement Offenses
Deceit 7.61, 7.81
Definition 7.81
Intent Requirement 7.81
Intent 7.82(C)-7.82(D)
Proof 7.82(B)
Loss Requirements 7.82
Multiple Count Convictions 7.82(A)
Restitution 5.51, 6.40, 7.82(E)-(G)
Crimes of Moral Turpitude 8.27, 8.41(B)
Document 2.13, 7.184, 7.186
Fraud (cont’d)
Immigration Fraud see Document Fraud
Insurance Claim 9.24
Marriage 7.185
Registration 7.186
Safe Havens 9.23-9.25
Tax Fraud 8.34
Telephone Fraud
Visa 7.185
Freedom of Information Act (FOIA) Requests see Investigation
Full Faith and Credit 4.28(B)
FYCA see Juveniles
G
Gambling 8.28
General Intent see Intent
Genocide 7.209
Goals of Client see Client
Government, Crimes Against 8.20
Green Card see Lawful Permanent Resident
Gross Negligence see Intent
Grounds of Deportation
Aggravated Felonies 5.37-5.38, 7.2-7.104
Based on Agency/Court Finding 2.11-2.13
Burden of Proof 2.11
Checklist 2.14
Conduct Based 2.9
Burden of Proof 2.9
Caveat 1.16
Checklist 2.10
Controlled Substance Related Grounds 7.137-7.157
Conviction Based 2.7, 5.41
Checklist 2.8, 4.2
Screening Questioning 5.42
Crimes of Moral Turpitude 5.39, 7.105-7.136
Document Fraud, Administrative Finding see Document Fraud
Domestic Violence 7.147-7.157
Domestic Violence Protection Order Violations 2.12, 7.158-7.165
Firearms 7.167-7.174
High Speed Flight 7.188
Immigration Related Grounds 7.180-7.192
Checklist 2.8, 2.10
Immigration Status Violation Grounds 7.193-7.200
Checklist 2.10
Level of Offense, Grounds Affected by 5.47
Non-Immigrant Status Violation 7.198
Security Grounds 7.200-7.224
Checklist 2.8, 2.10
Grounds of Inadmissibility 1.17, 4.34(B)
Guilty Plea see Plea
H
Habeas Corpus on Immigration Issues 3.4(F)
Hashish see Controlled Substance Offenses
Hazardous Waste Disposal see Controlled Substance Offenses
Health Entry Conditions 7.195
High Speed Flight 7.188
Homicide see Murder
Homosexual Conduct see Sex Offenses
How to Use This Book
Caveats 1.12-1.19
Criminal Counsel 1.9-1.11
Immigration Counsel 1.4-1.8
Noncitizens 1.3
I
“Illegal” Alien, see Undocumented Alien
Illegal Entry Offenses 7.197, 7.199
See also Inadmissibility
Aggravated Felonies 7.83, 8.57(A)
Avoiding 3.4(G)
Crime of Moral Turpitude 8.57(B)
Immigration Attorneys
How to Use This Book 1.4-1.8
Working with see Working with Counsel
Immigration Related Grounds of Deportability see Grounds of Deportation
Immigration Status 3.20
See also Alienage; Lawful Permanent Resident (LPR)
Client Interview see Client
Questionnaire see Client
Violation of Ground of Deportation see Grounds of Deportation
In Absentia
Consular Processing 4.32(B)
Criminal Conviction 2.7(D), 4.32
Inadmissibility
Admission of a CMT see Admissions by Defendant
At Adjustment of Status 7.196
At Entry 7.197
Caveat 1.18
Crimes of Moral Turpitude 5.44
Money Laundering 7.86(G)
Petty Offense Exception 5.44
Smuggling Immigrants 7.32(D)
Waivers 7.197
Incest see Children, Offenses Committed Against
Indecency see Children, Offenses Committed Against; Sex Offenses
Infraction see Non-Criminal Dispositions
Insanity, Not Guilty by Reason of see Plea
Insurance Claim, False see Financial Crimes
Intent
Crime of Moral Turpitude
General Intent 7.113
Gross Negligence 7.116, 8.10(B)
Intent Required 7.110, 8.10(B)
Intent to Break Law 7.114
Intent to Commit Non-CMT 7.120
Intent to Temporarily Deprive 7.121
Knowledge 7.118
Loss to Victim 7.82(C)-7.82(D)
Malice 7.122
Negligence 7.115
Recklessness 7.117
Safe Intents 7.111
Strict Liability 7.112
Willfulness 7.118
Crime of Violence 7.49, 7.59, 8.10(A)
Negligence 7.49(A)
Recklessness 7.49(B)
Strict Liability 7.49(A)
Willfulness 7.49(B)
Definitions of Intent 7.123
Internet Offenses see Children, Offenses Committed Against, Pornography
Interpreters, Communication with Client 5.5
Interview, First Client see Client
Investigation 5.2-5.17
Certified Copies 5.17
Chronology 5.18
Citizenship 5.7
Client Interview see Client
Generally 5.2
Obtaining Information
Amnesty 5.12
Criminal Records 5.9, 5.13-5.17
DMV Records 5.16
FBI Criminal Records 5.14
State Criminal History 5.15
Equities 5.8
Freedom of Information Act 5.11
From Criminal Court 5.17
From DHS 5.10-5.12
Immigration Status 5.6-5.7
Transcripts 5.17
Involuntary Manslaughter
Aggravated Felony 7.49(B)
Crime of Moral Turpitude 7.115, 8.14
J
Joyriding see Motor Vehicle Offenses
Judgment, Criminal 6.38, 6.46
Judicial Recommendation Against Deportation (JRAD) 4.25, 7.27(C)
Effective Date of Repeal 4.25(C)
Foreign see Foreign
Immigration Effect of 4.25(A)
Requirements 4.25(B)
Jurisdiction
Criminal Court 2.7(C), 4.31
Governing 3.8
Juveniles
Adult Convictions of Juvenile Offenders 4.10(B)-4.10(G)
Delinquency Findings, Immigration Consequences 4.10
Domestic Violence Temporary Restraining Order Violation 7.158(B)
State Statutes, Comparison to FJDA 4.10(B)-4.10(G)
Federal Juvenile Delinquency Act 4.10(B)-4.10(G)
Federal Youth Corrections Act 7.25(B)
Foreign Convictions 4.35(I)
Health Entry Condition Violations 7.195(B)
Inadmissibility Waivers 7.196(D), 7.196(E)
Misdemeanors 4.10(C), 4.10(F)
Youthful Offender Sentence 5.45(B)
K
Kidnapping 7.84, 8.12
Knowledge see Intent
L
Larceny see Theft
Lasciviousness see Sex Offenses
Lawful Permanent Resident (LPR)
Adjustment of Status as an Admission 4.34(D)
Conditional Permanent Residence 7.194
Immigration Consequences to Avoid 5.6(B)
Returning LPRs Seeking Admission 4.34(B), 5.6(B), 7.130, 7.190
Lenity, Rule of see Burden of Proof
Libel 8.13
LIFE Act 4.5(E)
Liquor Law Offenses 7.108(D), 8.32
Loan Sharking see Financial Crimes
Loitering 8.24(B), 8.80(B)
Loss see Fraud
M
Mail Offenses 8.29, 9.36
Malice see Intent
Malum Prohibitum/In Se see Crimes of Moral Turpitude
Manslaughter 7.49(B), 7.115, 8.14
Marijuana see Controlled Substance Offenses
Marriage Fraud see Fraud
Military Offenses 8.30
In Foreign Country 4.35(J)
Misdemeanors
See also Felony
Aggravated Felonies 7.20, 7.25(B)
Controlled Substance Offenses 4.27(B), 7.22, 8.3, 9.4, 9.5,
Crimes of Moral Turpitude 7.128-7.129
Crimes of Violence 7.41
Definition 5.49, 7.25(B) see also Felony
Effect on Immigration Status 5.47
Felony/Misdemeanor 7.19
Infractions 4.11
Juveniles Transferred to Adult Court 4.10(C), 4.10(F)
Reduction of Felony to 7.23, 7.27(B) see also Sentence
Misdemeanors (cont’d)
State Label 7.19, 7.25(B)
Misprision of a Felony see Non-Substantive Offenses
Money Laundering
Aggravated Felony 7.86 see also Fraud, Loss Requirements
Inadmissibility 7.86(G)
Money Transmitting Business, Unauthorized see Financial Crimes
Motor Vehicle Offenses
Burglary of Automobile 7.37(D), 8.62, 9.34 see also Burglary
Driving Under the Influence 8.61
Joy Riding 8.62
Possession of Stolen Vehicle 8.62 see also Receiving Stolen Property
Theft-Related Offenses 8.62 see also Theft
Vehicular Homicide 8.62 see also Manslaughter
Murder 7.87, 8.15
See also Extrajudicial Killing
Aggravated Felony 7.87
N
Narcotics see Controlled Substance Offenses
National of the United States see Alienage
National Security Offenses
See also Grounds for Deportation, Security Grounds
Aggravated Felonies 7.88
National Security Violation 7.210
Native Americans Born in Canada see Alienage
Naturalization see Alienage; Citizenship
Nazi Persecutors 7.211
Negligence see Intent
Negotiating a Safe Haven 6.2
Bargaining Power, Maximizing 6.2(A)
Court Interests 6.16
Date of Conviction 6.2(B)
Date of Offense 6.2(C)
Equities, Using 6.8
Plea Bargaining 6.4-6.7
Prosecution Interests see Prosecutorial Interests
Record of Conviction 6.3
Sentence 6.2(A)
Talking Points 6.4-6.7
Neutrality Law Violation 7.212
No Contest Plea see Plea
Non-Conviction Dispositions
See also Convictions
Alienage see Alienage
Checklists 2.4, 4.3
Generally 2.4, 4.8
Infractions 4.11, 5.50
Juvenile Delinquency see Juveniles
Non-Crimes 4.11-4.12
Violations 4.11, 5.50
Non-Deportable Convictions, Obtaining 5.28
Adverse Criminal Consequences 5.29(C)
Range of Possibilities 5.29
Charged Offenses 5.30
Factual Basis for Plea 5.29(B), 5.34
Lesser-Included Offenses 5.31
Reasonably-Related Offenses 5.32
Unrelated Offenses 5.33
Verification of Safety 5.20(A), 5.35-5.36
Case Support 5.40
Not an Aggravated Felony 5.37-5.38
Not a Crime of Moral Turpitude 5.39
Procedure 5.36
Non-Immigrant Consequences to Avoid 5.6(B)
Non-Immigrant Status Violation 7.198
Non-Substantive Offenses 8.63-8.71, 9.31
Accessory After the Fact
Aggravated Felony 7.8, 7.30, 7.31, 8.65
Non-Substantive Offenses (cont’d)
Accessory After the Fact (cont’d)
Controlled Substance Offenses 7.8, 7.141, 7.142, 9.8
Crimes of Moral Turpitude 7.107(B), 8.65
Aiding and Abetting
Aggravated Felony 7.9, 7.32(C), 7.103(D), 8.64
Controlled Substance Offenses 7.141
Crimes of Moral Turpitude 8.64
Attempt
Aggravated Felony 7.7, 7.34, 8.66
Controlled Substance Offenses 7.138(A), 7.141
Crimes of Moral Turpitude 7.135, 8.66
Firearms 7.178
Conspiracy
Aggravated Felony 7.7, 7.39, 8.67
Controlled Substance Offenses 7.141
Crimes of Moral Turpitude 7.107(D), 7.135, 8.67
Firearms 7.178
Facilitation
Aggravated Felony 7.10
Controlled Substance Offenses 7.141
Crimes of Moral Turpitude 7.141
Firearms 7.170
Generally
Aggravated Felony 7.7
Controlled Substance Offenses 7.141
Crimes of Moral Turpitude 7.107, 8.70
Firearms 7.177
Not Enumerated in the INA 7.7(B)
Misprision of a Felony
Aggravated Felony 7.8, 7.11(A), 7.85, 8.68, 9.30
Controlled Substance Offenses 7.8(B), 7.11(D), 7.142(B), 8.4, 9.9
Crime of Moral Turpitude 7.11(B), 7.107(C), 8.68, 9.30
Other Non-Substantive Offenses 7.13
Solicitation
Aggravated Felony 7.12, 7.100, 8.69
Controlled Substance Offenses 7.69(G), 7.141, 7.142(B), 8.5(A), 9.10
Crime of Moral Turpitude 8.69, 8.82
Target/Preparatory Offenses see Target/Preparatory Offenses
Nuisance 8.42
Nunc Pro Tunc 4.25, 7.27(B)
O
Obscenity 8.81
Obstruction of Justice
Accessory after the Fact see also Non-Substantive Offenses
Aggravated Felony 7.89, 8.31
Crime of Moral Turpitude 8.31
Misprision of a Felony see Non-Substantive Offenses
Overthrow of Government 7.213
P/Q
Pardons 4.26
Foreign 4.26(E)
Grounds Affected By 4.26(C)
Particular State 4.26(F)
Requirement 4.26(D)
Parentheticals 7.17
Particularly Serious Crime see Asylum
Passport, Unauthorized Use 9.27
Perjury
Aggravated Felony 7.90, 8.52(A)
Crime of Moral Turpitude 8.52(B)
Petty Offense Exception to Inadmissibility see Crime of Moral Turpitude
Plea
See also Record of Conviction
Admissions of Fact 6.33-6.35
Factual Basis Stipulation 6.34
Guilty Plea 6.28
Negotiation see Negotiating a Safe Haven
No Contest 6.29
Not Guilty by Reason of Insanity 4.15, 6.31
Oral Statements by Defendant 6.35
Plea Agreement 6.25
Binding Nature of 6.25(C)
Plea Hearing 6.26
Slow Plea 4.22, 6.32
Without Admission of Guilt 6.30
Wording of 6.27, 6.33
Plea Bargain
Defense Negotiation Tactics see Negotiation
Enforceability 6.25(C)
Police Reports see Record of Conviction
Political Offense see Crime of Violence
Pornography, see Children, Offenses Committed Against
Possession, Drugs see Controlled Substance Offenses
Possession, Firearms, see Firearms Offenses
Post-Conviction Relief
Appeal see Appeal
Effective Order Vacating the Conviction 4.28
Caveat 1.19
Counsel, Role of see Working with Counsel
Effect on Finality 4.20-4.23
Expungement 4.27, 4.28(H)
Controlled Substance Offenses 7.70, 7.145, 9.7
Foreign see Foreign
Generally 4.24
Immigration Effect of 4.28
Judicial Recommendations Against Deportation see Judicial Recommendations Against Deportation
Jurisdictional Challenges see Jurisdiction
Pardons see Pardons
Postponing Deportation 4.27(J), 4.28(C)
Sentence see Sentence
Strategy see Working with Counsel
Trial Counsel’s Duty to Cooperate see Working with Counsel
Vehicles for Relief 4.28
Present Without Admission 7.199
President, Threats Against 7.221
Price Fixing see Financial Crimes
Principal see Non-Substantive Offenses
Probation or Parole
See also Sentence
Controlled Substance Offenses 4.27, 7.22(H)
Interview 6.36 see also Record of Conviction
Not Counted as Part of Sentence 5.45(A), 7.22(H), 7.25
Order 6.48
Property Damage 8.44
Reports, as Not Part of Record of Conviction see Record of Conviction
Violation, added to Sentence Calculation 7.25(B)
Proof see Burden of Proof
Property Damage 8.36, 8.44
Prosecutorial Discretion
Criminal 6.8-6.15
Immigration 3.4(A)
Prosecutorial Interests 6.8
Fairness 6.14
Least Work 3.13, 6.13
Long Sentence 6.10
Protecting the Victim 6.15
Prosecutorial Interests (cont’d)
Quick Disposition 3.13, 6.12
Serious Offense 6.9
Simple Disposition 3.13, 6.11
Prostitution
Aggravated Felony 7.91, 8.82(A)
Bar to Good Moral Character 7.91(H)
Conduct-Based Ground of Inadmissibility 7.91(H)
Crime of Moral Turpitude 8.82(B)
Protection Order see Domestic Violence
Public Charge 7.189
Public Nuisance 9.18
Public Safety 7.214
R
Racketeering Offenses 7.86(G), 7.95, 8.33
Rape see Sex Offenses
“Reason to Believe” Trafficking Grounds of Inadmissibility 5.1(B), 6.33(B), 8.5, 9.8
Receiving Stolen Property
Aggravated Felony 7.93, 8.45(A)
Crime of Moral Turpitude 8.45(B)
Recklessness see Intent
Record of Conviction
Categorical Analysis 6.19
Creation of Safe Record 6.3, 6.17-6.18
Divisible Statute 6.20
Irrelevance of Facts 3.15, 6.22
Limitation to Record of Conviction 6.21, 6.25(D)
Non-Divisible Statute 6.19
Divisible Statute Analysis, Resort to
Definition 6.20(A)
Discrete Subsections 6.20(B)
Disjunctive Subsections 6.20(C)
Procedure 6.20
When Applicable 6.20(A)
When Not Allowed 6.19
Documents Included 6.23
Charge 6.24(A), 6.43
Judgment 6.38
Jury Verdict 4.13(A), 6.23, 6.28
Plea Agreement 6.25 see also Plea
Plea Hearing 6.26
Sentence 6.37, 6.39
Sentence Hearing 6.37
Statements by Defendant 6.25(A), 6.34, 6.35
Stipulation to Other Documents 6.34(B)
Documents Not Included
Dismissed Counts 6.24(C)
Plea to Lesser Crime 6.24(C)
Police Reports 6.34(C)
Probation Reports 6.36
Sentencing Enhancements 6.24(B)
Domestic Violence 7.148(F), 7.154(C)
Elements of Safe Record of Conviction 6.23
Charge 6.24
Judgment 6.38
Plea Agreement 6.25 see also Plea
Plea Hearing 6.26 see also Plea
Probation Interview 6.36
Restitution 6.40
Sentence Hearing 6.37 see also Sentence
Sentence Imposed 6.39 see also Sentence
Fact vs. Nature of Conviction 2.7(A), 6.22(A)
Factual Admissions, Avoiding 6.33
General Principles 6.18
Obtaining see Investigation
Restitution see Fraud
Surplusage 6.22, 6.24(A), 9.33
Reduction of Felony to Misdemeanor see Controlled Substance Offenses; Sentencing
Re-Entry After Removal see Illegal Entry Offenses
Refugees see Asylum
Registration Fraud see Fraud
Regulatory Offenses 7.108, 8.32
Rehabilitation see Client
Rehabilitative Relief see Post-Conviction Relief, Expungement
“Related to” Language see Aggravated Felony
Relief from Removal 1.18, 2.15, 3.4(C)
Religious Freedom Violation 7.215
Res Judicata 3.5, 4.28(B), 6.33(B), 7.184(B), 7.197(A)
Resisting Arrest 8.10(B)
Restitution see Fraud, Loss Requirements
Retroactivity
Aggravated Felony Definition see Aggravated Felony
Controlled Substances see Controlled Substance Offenses
Crime of Moral Turpitude see Crime of Moral Turpitude
Returning LPRs Seeking Admission see Lawful Permanent Residents
Revealing Undercover Agent’s Identity 7.94
RICO Offenses see Racketeering Offenses
Riot 8.24
Robbery 8.16
Rule of Lenity see Burden of Proof
S
Sabotage 7.216-7.217
Safe Haven
Aggravated Felony 5.37, 7.2-7.104, 7.100
Avoiding a Conviction 5.27
Crimes of Moral Turpitude 7.105-7.135
Counsel, Role of see Working with Counsel
Definitions 2.1-2.5
Non-Conviction Dispositions 2.3-2.4, 4.8
Non-Deportable Convictions 2.5
Non-Deportable Dispositions 2.3-2.4
Partial Safe Havens 7.1, et seq.
Documenting see Victory, Documenting
Evaluating
Circuit Court Decisions 3.11
Degrees of Safe Haven 3.5
Generally Chapter 3
Goals of Client see Client
Nature of Client see Client
Seriousness of Crime see Crime, Seriousness
Strength of Legal Argument 3.6-3.9
Raising the Argument 3.10-3.13
Reasoning by Analogy 3.9
Territorial Limits 3.8
Timing 3.11
Generally Applicable 5.26
Aggravated Felony 5.37-5.38
Checklist 4.3
Crimes of Moral Turpitude 5.38
Jurisdictional Differences 3.8
Maximum Possible Sentence 5.57 see also Sentence
Minimum Elements 5.56
Negotiating see Negotiating
Non-Deportable Conviction see Non-Deportable Conviction
Non-Deportable Sentence see Sentence
Offense of Conviction 5.55
Record of Conviction see Record of Conviction
Sentence Imposed 5.58 see also Sentence
Statute of Conviction 5.54
Verification of Safe Haven 5.52
Securities Fraud see Financial Crimes
Security Related Grounds of Deportation see National Security Offenses; Grounds of Deportation
Selective Service Violation 7.218, 8.30
Sentence
Aggravated Felony see Aggravated Felony
Sentence (cont’d)
Constitutional Limitations on 5.57(D)
Crimes of Moral Turpitude see Crime of Moral Turpitude
Custody 5.45(A)
Deferred Sentence 4.19, 5.45(A) see also Conviction
Definition of “Sentence Imposed” 5.45(A), 7.25
Concurrent Sentences 7.25(B)
Consecutive Sentences 7.26
Commitment to Juvenile Facility see Juvenile
Indeterminate Sentences 7.25(B)
Length of 5.44, 6.39, 7.25(B)
“One Year,” Definition 7.24, 7.25(B)
Probation 5.45(A), 7.25(B)
Probation/Parole Violations 7.25(B)
Restitution 5.51, 6.40
Sentence Enhancements see Sentence Enhancements
Suspended Sentence 5.45(A), 7.25(B), 7.26
Documentation of 6.47, 6.49 see also Investigation
Foreign 4.35
Hearing 6.37
Immigration Consequences of 5.44, 5.45(C)
Aggregate Sentences of Five Years of More 5.45(C)
Aggravated Felonies, “One Year” Rule 5.45
Requirements for Petty Offense Exception 5.44, 5.45(A)
Maximum Possible 5.44, 5.46, 5.57, 7.28, 7.128
Negotiating see Negotiating a Safe Haven
Non-Deportable Sentence, Obtaining 5.44
Prior Convictions, Effect on Future 5.64, 7.128(B)
Prosecutorial Interest see Prosecutorial Interest
Record of Conviction see Record of Conviction
Reduction to Misdemeanor 7.23, 7.27(B), 7.128(C)
Sentencing Guidelines 5.57(C)-(D)
Seriousness of Crime 3.17
Sex Offender Registration 5.62, 5.65
State Rehabilitative Relief 4.28(H)
Strikes 5.62, 5.65
Techniques to Avoid a Qualifying Sentence 6.37-6.38
Vacating or Reducing the Sentence 4.28(D)-4.28(H), 4.29, 5.47(C), 7.27, 7.27(A), 7.27(C)
Youthful Offender 5.45(B), 7.25(B)
Sentence Enhancements
Definition of Sentence 7.25(B)
Not Part of Record of Conviction 5.57(B), 5.63
Sex Offenses
See also Domestic Violence; Children, Offenses Committed Against
Adultery 8.75(B)
Age of Victim 7.99, 7.101(D)
Aggravated Felony 7.96, 8.77(A)
As a Crime of Violence see Crime of Violence
Bastardy 8.75(B)
Bigamy 8.75(B)
Crime of Moral Turpitude 7.98(C), 8.77
Fornication 8.78
Homosexual Conduct 8.80
Indecency 8.79, 9.15
Indecent Exposure 9.15
Lewdness/Lasciviousness 8.80
Misdemeanor Convictions 7.96(D)
Obscenity 8.81
Prostitution see Prostitution
Rape 7.92, 7.96, 7.101, 8.83
Sex Offenses (cont’d)
Safe Havens 9.13-9.19
Sexual Assault 8.84
Sexual Abuse of a Minor 7.96, 8.77
Abuse 7.98
Consent 7.98(A)
Definition 7.96-7.99
Federal Offenses 7.96(G)
Physical Contact 7.98(B)
Sex Element 7.97
Sodomy 8.80
Statutory Rape 7.96, 7.101
Shoplifting see Theft
Single Scheme see Crime of Moral Turpitude
Slow Plea see Plea
Smuggling Immigrants Offenses
Alien Harboring 7.31, 7.190(D), 8.56
Alien Smuggling 7.32, 7.190, 8.56
Alien Transporting 7.33, 7.190(D), 8.56
Conduct-Based Grounds of Deportation 7.32(D), 7.190
Conduct-Based Ground of Inadmissibility 7.32(D)
Crimes of Moral Turpitude 7.32(D), 8.56
Importation for Immoral Purpose 7.191
“Snitch” Visa 7.128, 7.130(B)
Social Security Card, False Use of 7.108(C), 8.27(B)
Sodomy see Sex Offenses
Solicitation see Non-Substantive Offenses
Spousal Abuse see Domestic Violence
Stalking see Domestic Violence
State Criminal Records see Investigation
State Rehabilitative Relief see Post-Conviction Relief, Expungements; Sentence
Statutory Analysis see Record of Conviction
Statutory Construction, All Doubts Benefit Noncitizen see Burden of Proof
Statutory Rape see Sex Offenses
Structuring Financial Transactions 8.26(B), 9.42 see also Financial Crimes
Substantive Offense 7.7 see also Non-Substantive Offenses
Suicide, Attempted 8.9
Surplusage see Record of Conviction
Suspended Sentence see Sentence, Definition
T
Target/Preparatory Offenses 7.120, 8.10(B), 8.70, 9.33
Tax Offenses 7.102, 8.34, 9.43 see also Fraud, Loss to the Victim
Temporary Restraining Order (TRO), Violation of see Domestic Violence, Temporary Restraining Order Violations
Terminating Removal Proceedings 3.4(B)
Terrorist Conduct 7.219
Terrorist Training 7.220
Theft Offenses
See also Crime of Violence; Burglary
Aggravated Felony 7.103, 8.46(A)
Aiding and Abetting 7.103(D) see also Non-Substantive Offenses
Crime of Moral Turpitude 7.121, 8.46(B)
Definition 7.103(B), 8.46(A)
Intent 7.103(C), 8.46(A)
Misdemeanor Offenses 7.103, 7.24
Permanent/Temporary Taking 7.103(C), 8.46(B)
Safe Havens 9.32—9.37
Sentence 8.46(A)
Threats 7.46, 8.18 see also Crime of Violence
Against President 7.221
Torture 7.222
Trading with the Enemy 7.223
Trafficking, Drug see Controlled Substance Offenses
Trafficking, Persons see Smuggling Immigrant Offenses
Transportation of Drugs see Controlled Substance Offenses
Travel 3.8
Treason or Sedition 7.224
Trespass 8.47
U/V
Undocumented Aliens
See also Inadmissibility
Immigration Consequences to Avoid 5.6(B)
Vacated Convictions see Post-Conviction Relief
Vagrancy 8.35
VAWA, see Violence Against Women Act
Vehicles with ID Numbers Removed, Trafficking 7.104
Vehicular Homicide, see Motor Vehicle Offenses
Victim, see Domestic Violence Convictions
Victory, Documenting 6.41
Certified Copies 6.42
Charges 6.43
Clerk’s Minutes 6.44, 6.47
Judgment 6.46
Presenting Victory to Immigration Court 6.50
Probation Order 6.48
Reporter’s Transcripts 6.40, 6.45
Sentence 6.47, 6.49
Violations, Criminal see Non-Conviction Dispositions
Violence see Crimes of Violence; Domestic Violence
Violence Against Women Act (VAWA)
Waivers 7.196(C), 7.197(D)
Visa Fraud Deportation Ground see Fraud
Waiver 7.196(B), 7.197(C)
Visa Revocation 7.200
Visas
“S” Visa 7.128, 7.130(B)
Voting, Unlawful 7.192
W/X/Y/Z
Waivers of Removal 1.18, 7.134, 7.197
Cancellation of Removal, 8 U.S.C. § 1229b 5.6(B), 5.57
Former INA § 212(c) 5.57, 7.134
INA § 212(h) 5.6(B), 7.144(B), 9.4
Weapons see Firearms; Assault; Crime of Violence
White Collar Crimes see Financial Crimes
Willfulness see Intent
Withholding of Removal see Asylum
Witness Dissuasion 9.14
“Wobblers” 7.23 see also Sentence, Reduction of Felony to Misdemeanor
Working with Counsel 5.19
Client Privilege Waiver 5.21(C)
Conflicting Goals 5.21(A)-5.21(B)
Criminal Defense Counsel Role 5.21
Immigration Counsel Role 5.10, 5.20
Ineffective Assistance of 5.21(C)
Malpractice 5.21(B)
Post-Conviction Counsel Role 5.21, 5.22
Using “Safe Havens” Manual 1.1-1.19
