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.