§ 8.40 2. Avoiding Damaging Immigration Admissions
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During the process of entry of a plea, it is very important for the defendant to avoid making any factual admissions that could cause immigration damage if they are introduced against him during later immigration proceedings. Any oral or written statements of fact made by the defendant are included within the “record of conviction” that can sometimes be consulted by the immigration authorities to determine the nature of the conviction in assessing whether it triggers deportation, inadmissibility, or other damaging immigration consequences. See § § 8.63-8.67, 16.24, 18.8, infra. The same holds true for at least some statements made by defense counsel.
THREAT TO EXPOSE UNDOCUMENTED STATUS CAN CONSTITUTE CRIMINAL EXTORTION
David P. Weber, (Unfair) Advantage: Damocles Sword And The Coercive Use Of Immigration Status In A Civil Society, 94 Marquette L. Rev. 613 (2010) (When an immigrant is being threatened with a loss of property or something else of value, the threatening party, whether a lawyer or nonlawyer, may be engaging in the crime of extortion depending on the relevant . . . definition of the crime.).
IMMIGRATION OFFENSES " UNLAWFUL PRESENCE " NOT A CRIMINAL OFFENSE
Harry J. Joe, Illegal Aliens in State Courts: To Be or Not to Be Reported to Immigration and Naturalization Service?, 63 TEX. B.J. 954, 957 (2000) (noting that unauthorized presence itself is not a criminal offense); Michael John Garcia, Criminalizing Unlawful Presence: Selected Issues, at CRS-2 (2006), http://trac.syr.edu/immigration/library/P585.pdf ([A]n alien found unlawfully present in the U.S. is typically subject only to removal.).