Safe Havens

Once potential safe havens have been identified that (a) are as closely related factually to the offense conduct and charged offenses as possible, (b) are not within the aggravated felony ground of deportation, and (c) do not constitute crimes of moral turpitude, it is still necessary to doublecheck to make sure the proposed disposition does not fall within any other ground of deportation.  The greatest attention should be paid to the other conviction-based grounds of deportation, since that is where counsel has the greatest control.  Once the proposed disposition has been screened to verify it does not trigger any conviction-based ground of deportation, it is also necessary to make sure the conviction does not establish a conduct-based ground of deportation.  At that point, counsel has done all s/he can: it is not possible by manipulating a conviction to protect a client against the possibility that the client’s conduct triggers a conduct-based ground of deportation.  Counsel cannot rewrite history.