Criminal Defense of Immigrants
Chapter
- §3.1 I. Investigating the Case
- §3.2 A. In General
- §3.3 B. The Timing of the Case
- §3.4 C. Dealing With Bias Against Noncitizens
- §3.5 II. Interviewing the Client
- §3.6 A. Preparation
- §3.7 1. Special Considerations
- §3.8 2. Non English Speaking Clients
- §3.9 3. Basic Goals
- §3.10 4. Client's Culture
- §3.11 B. Client Interview
- §3.12 1. Basic Immigration Status Questionnaire
- §3.13 2. Screening for U.S. Citizenship
- §3.14 a. Born in the United States
- §3.15 b. Born to U.S. Citizen Parent(s) Abroad (Acquired Citizenship)
- §3.16 c. Naturalization
- §3.17 d. Child of Naturalized Citizen (Derivative Citizenship)
- §3.18 e. Nationals of the United States
- §3.19 f. American Indians Born in Canada
- §3.20 g. Denaturalization
- §3.21 3. Determining Immigration Status
- §3.22 4. Advice for Client
- §3.23 5. Client's Equities
- §3.24 6. How Important Are the Immigration Consequences to the Client?
- §3.25 7. Criminal Issues
- §3.26 a. The Basic Criminal Case Interview
- §3.27 b. Determining Which Criminal History Reports to Order
- §3.28 c. Prior Convictions and Their Validity
- §3.29 8. Obtaining Information About the Client's Culture
- §3.30 9. Obtaining Medical Information
- §3.31 III. Obtaining Immigration Records
- §3.32 A. FOIA Requests
- §3.33 B. Information on Amnesty Clients
- §3.34 IV. Obtaining Criminal Records
- §3.35 A. Criminal History Reports
- §3.36 1. FBI Criminal History Reports
- §3.37 2. State Criminal History Reports
- §3.38 3. Motor Vehicle Conviction History
- §3.39 4. Correcting Errors in Criminal Histories
- §3.40 B. Obtaining Court Files and Transcripts
- §3.41 C. Record Destruction Does Not Eliminate Convictions
- §3.42 V. Obtaining Assistance from Immigration Counsel
- §3.43 A. Finding Immigration Counsel
- §3.44 B. Initial Consultation
- §3.45 C. On-Going Consultation
- §3.46 D. After Final Disposition of Criminal Case
- §3.47 VI. Obtaining Assistance from Former Counsel
- §3.48 A. Obtaining Attorney's Case File
- §3.49 1. In General
- §3.50 2. Conflict of Interest
- §3.51 3. Attorney-Client and Work-Product Privileges
- §3.52 B. Interviewing Former Defense Counsel
- §3.53 1. Duty to Cooperate With Successor Counsel
- §3.54 2. Mistakes Should Not Trigger Discipline
- §3.55 3. General Considerations
- §3.56 4. Corroborating the Client's Assertions of Prejudice
- §3.57 VII. Obtaining Information About Client's Culture
- §3.58 A. Cultural Experts
- §3.59 B. Cultural Defenses
- §3.60 C. Cultural Mitigation Issues
- §3.61 D. Persecution and Torture of Client if Deported
- §3.62 VIII. Cultural Effects on Medical Investigation
- §3.63 IX. Foreign Investigations
§ 3.21 3. Determining Immigration Status
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Counsel must also obtain information concerning the client’s immigration situation, and the “equities” in favor of obtaining lenient treatment for the client. A questionnaire by which criminal counsel can obtain the basic information necessary to brief immigration counsel on the immigration situation has been included as Appendix A.
