Criminal Defense of Immigrants


§ 5.19 (D)

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(D)  General Safe Havens.  The term “general safe haven” is used to describe safe havens that prevent removal under all conviction-based grounds of deportation and inadmissibility.  Each existing prior conviction and proposed disposition of a criminal case must be checked to determine whether one or more of these generic safe havens is present to provide protection against all conviction-based grounds of deportation and inadmissibility:


(1)       United States citizenship.[24]

(2)       National of the United States. [25]

(3)       American Indian born in Canada. [26]

(4)       Conviction did not occur after “admission” to the United States. [27]  (This safe haven applies to grounds of deportation, but not to grounds of inadmissibility.)

(5)       Conviction is not for a criminal offense. [28]

[24] See § § 3.13-3.17, supra.

[25] See § 3.18, infra.

[26] See § 3.19, infra.

[27] See § § 14.5-14.8, infra.

[28] See § 10.93, infra.