Safe Havens

There are three roles counsel may play in seeking a safe haven result in a criminal case:

            (1)  Immigration counsel should be consulted by criminal defense counsel concerning the immigration consequences of a particular disposition, and should be asked for suggestions concerning other potential safe haven dispositions that might solve the particular client’s problem.  See § 5.20, infra.

            (2)  Criminal defense counsel should be consulted by immigration counsel concerning the chances of obtaining a particular outcome in a criminal case, so that realistic safe havens can be selected as target outcomes of the case.  Former criminal counsel can also assist in obtaining post-conviction relief from a conviction that triggers adverse immigration consequences.  See § 5.21, infra.

            (3)  Both criminal and immigration counsel may consult post-conviction counsel concerning the chances of vacating or otherwise eliminating a particular prior conviction so as to avoid deportation or other adverse immigration consequences.  See § 5.22, infra.