Criminal Defense of Immigrants
§ 3.31 III. Obtaining Immigration Records
For more text, click "Next Page>"
To analyze the precise post‑conviction relief necessary to avoid adverse immigration consequences, it is necessary to have a complete understanding of the client’s current and potential immigration status. This requires (a) discovering the client’s current immigration status, and (b) analyzing the exact effect on the immigration status caused by the particular criminal convictions, sentences, and actual terms of incarceration suffered by the client.
The best solution is to consult with an immigration attorney who has experience in handling crime‑related immigration problems. See § 3.42, infra. That attorney can obtain necessary information from the immigration authorities and analyze the immigration case. Together, criminal and immigration defense counsel can discuss what changes in the record of conviction and sentence are necessary successfully to resolve the immigration problem, and whether it is realistic to expect to achieve those results in the criminal courts. In the alternative, counsel can file an FOIA request and obtain the client’s immigration file directly. See § 3.32, infra.
INVESTIGATION - EVIDENCE - ORIGINAL IMMIGRATION DOCUMENTS
ICE Memo: Confiscation and Return of Original Documents During Removal Proceedings, July 14, 2006, John P. Torres, Acting Director. http://bibdaily.com/pdfs/ICE%20Memo%20re%20Collection%20of%20Documents%20Torres%207-13-06.pdf
DETENTION - RELEASE OF NAMES OF DETAINEES
8 C.F.R. 236.6 prevents the public release of names of immigration detainees held in state or local jails, where release of names would otherwise be authorized or required under state law.
SELECTIVE SERVICE - DOCUMENTATION THAT SSS SENT NO NOTICE TO CLIENT REGARDING REGISTRATION REQUIREMENT
Counsel can call the Selective Service System at (888) 655-1825, to obtain a letter confirming that the SSS sent no notice to the client concerning the registration requirement. Thanks to Stephen Scribner.
LAWFUL PERMANENT RESIDENT - REQUEST FOR GREEN CARD
"By law, as a legal permanent resident, I am entitled to proof of my status. I have paid for and am entitled to a replacement card proving this status. Specifically, the regulations at 8 C.F.R. Section 264.5 set forth the requirements for an application for a replacement Permanent Resident Card. Notably, these regulations do not require a police clearance, proof of court dispositions, or other legal documents. As a legal permanent resident, I am entitled to proof of such status. You have sufficient evidence to verify my legal status and are not entitled to request that I provide you with additional documentation as no other documents bear on this request. Please send me a new Form I-551 as soon as possible."