Criminal Defense of Immigrants
§ 5.6 A. Basic Goals
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The basic goals of criminal defense of a noncitizen are two:
(1) Minimizing criminal consequences of the case, see § 5.7, infra;
(2) Minimizing adverse immigration and other collateral consequences of the case. See § 5.8, infra.
Sometimes, these goals are congruent, as when the client seeks a sentence imposed of 364 days, instead of 365, in order to avoid an aggravated felony conviction. At other times, however, the goals conflict. The balancing of these sometimes-conflicting goals is the third objective of counsel representing an immigrant client in a criminal case. See § 5.9, infra.