Criminal Defense of Immigrants
§ 1.10 (B)
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(B) A client who has already suffered a given conviction seeks advice on the immigration consequences of the conviction, and will want to determine whether it falls into a safe haven that does not in fact trigger removal. See § 1.17, infra. Immigration counsel in this situation may also wish to identify arguments that the conviction does not trigger removal, which can be raised before the immigration court, the Board of Immigration Appeals, or the federal courts, in order to protect their clients against removal. See § 1.13, infra. If that is not possible, immigration counsel may wish to attempt to raise legitimate arguments that can at least temporarily forestall deportation for a sufficient period of time to give criminal counsel an opportunity to re-enter the criminal courts, vacate the conviction on post-conviction relief, and obtain a substitute disposition that constitutes a safe haven protecting the client from deportation. See § 1.14, infra. A client with a conviction triggering unacceptable immigration consequences will wish to determine whether post-conviction relief is available to eliminate them. See Chapter 11, infra.