Safe Havens

Chapter

§6.1 I. Introduction
§6.2 II. Negotiating a Safe Haven
§6.3 A. Outline Exact Target Record of Conviction
§6.4 B. Prepare Talking Points
§6.5 1. What You Want
§6.6 2. Why You Want It
§6.7 3. Why They Should Give It to You
§6.8 C. Respect Prosecution Interests
§6.9 1. Prosecution Interest in Serious Offense
§6.10 2. Prosecution Interest in Long Sentence
§6.11 3. Prosecution Interest in Simple Disposition
§6.12 4. Prosecution Interest in Quick Disposition
§6.13 5. Prosecution Interest in Doing Little Work
§6.14 6. Prosecution Interest in Fairness
§6.15 7. Prosecution Interest in Protecting the Victim
§6.16 D. Respect the Interests of the Court
§6.17 III. Creation of Safe Record of Disposition
§6.18 A. General Principles
§6.19 1. Procedure Where Statute is Not Divisible
§6.20 2. Procedure Where Statute is Divisible
§6.21 3. Limitation to Record of Conviction
§6.22 4. Irrelevance of the Facts
§6.23 B. Elements of Record of Conviction
§6.24 1. Charge of Conviction
§6.25 2. Plea Agreement
§6.26 3. Plea Hearing
§6.27 a. Nature and Wording of the Plea
§6.28 i. Guilty Plea
§6.29 ii. No Contest Plea
§6.30 iii. Plea Without Admission of Guilt
§6.31 iv. Not Guilty by Reason of Insanity
§6.32 v. "Slow Plea" of Guilty
§6.33 b. Avoiding Factual Admissions
§6.34 i. Factual Basis Stipulation
§6.35 ii. Oral Statements of Defendant
§6.36 4. Probation Interview
§6.37 5. Sentence Hearing
§6.38 6. Judgment
§6.39 a. Length of Sentence Imposed
§6.40 b. Restitution
§6.41 IV. Documentation of Safe Haven Disposition
§6.42 A. Certified Copies
§6.43 B. Charge of Conviction
§6.44 C. Clerk�s Minutes of Entry of Plea
§6.45 D. Reporter�s Transcript of Plea Hearing
§6.46 E. Written Judgment
§6.47 F. Clerk�s Minutes of Sentence
§6.48 G. Probation Order
§6.49 H. Reporter�s Transcript of Sentence
§6.50 V. Conclusion: Winning the Case in Immigration Court

§ 6.29 ii. No Contest Plea

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The entry of a plea of no contest, which is the same as a plea of nolo contendere, satisfies one of the statutory elements of conviction for immigration purposes.[115] It is indistinguishable from a plea of guilty in its effect in criminal or immigration court. The same considerations apply to the entry of this plea that were described with respect to the entry of a plea of guilty. See § 6.28, supra.

[115] INA § 101(a)(48)(A), 8 U.S.C. § 1101(a)(48)(A).