Criminal Defense of Immigrants

(A)  Basic Tasks.  You have several tasks:

a.             make a list of all existing criminal convictions and sentences (both the formal or nominal length of the sentence imposed and the number of days actually served) suffered by the client, in all jurisdictions;

b.             identify the major potential dispositions of pending charges;

c.             determine which of them (singly or in combination) trigger adverse immigration consequences;

d.             for each conviction, or combination of convictions, that produces an adverse effect, determine what alteration in the criminal conviction or sentence is necessary to produce an immigration result that can be tolerated; and

e.             investigate each case to determine whether and how the necessary result can be achieved.

                Each prior conviction with adverse immigration consequences should be analyzed to determine whether some form of post-conviction relief may be available to eliminate it or ameliorate its effects.[2]

[2] See Chapter 11, infra; N. Tooby, California Post-Conviction Relief for Immigrants (2002); N. Tooby, Post-Conviction Relief for Immigrants (National Edition, 2004); K. Brady, Defending Immigrants in the Ninth Circuit: Impact of Crimes under California and Other State Laws (2007), Chapter 8 for a detailed description of this process.