Safe Havens

Favorable “equities” are often of importance equal to or greater than the strength of the legal argument in obtaining a safe haven ruling.  Counsel may use them to persuade judges, trial attorneys, and DHS agents and officials to support the client’s efforts to remain in the United States.  Equities are facts that humanize the client, and constitute reasons why it is important for the client to be able to avoid the harsh immigration consequences of the conviction.  The equities should be repeated as litigation and negotiation themes. See § 5.8, infra, for suggestions on obtaining information on client’s equities.