Safe Havens

After checking to make sure a given disposition does not trigger (a) a conviction-based ground of deportation, or (b) a conduct-based ground of deportation, a summary of each safe haven disposition should be created, including for each:

            (1)  The statute of conviction.  See § 5.54, infra.

            (2)  The offense of conviction within the statute.  See § 5.55, infra.

            (3)  The minimum elements of the offense of conviction.  See § 5.56, infra.

            (4)  The maximum possible sentence to custody that can be imposed for the conviction.  See § 5.57, infra.

            (5)  The actual sentence to custody that has been or will be imposed on account of the conviction.  See § 5.58, infra.  This includes (a) the level of the offense: whether it is a felony, misdemeanor, or lesser offense, see § § 5.47-5.50, supra, and (b) any order of restitution that will be imposed, see § 5.51, supra.

            (6)  Any other significant sentence elements must also be listed, such as any sentence enhancements, probation restrictions, registration requirements, and the effect of the conviction as a prior conviction in any future prosecution.  See § § 5.62, et seq., infra.