§ 1.15 (A)
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(A) In General. Criminal defense counsel frequently needs to ascertain whether a given disposition in a criminal case constitutes a safe haven. This inquiry arises in two contexts:
(1) before conviction, when defense counsel is seeking to identify a safe haven disposition to offer or press for, in order to protect a noncitizen client against becoming deportable on account of a criminal conviction, see § 1.16, infra; and
(2) after conviction, when defense counsel is looking at the immigration consequences of a prior conviction to see whether it triggers deportation, so as to know whether it is necessary to seek post-conviction relief from that conviction in order to protect the client against deportation. See § 1.17, infra.