Criminal Defense of Immigrants


§ 8.46 (C)

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(C)  Unduly Pessimistic Immigration Predictions Can do As Much Harm as Inaccurate Predictions That No Adverse Immigration Consequences Will Ensue.  Telling the client that the plea will mean immigration disaster is likewise dangerous if there is a solution to the immigration problem.  For example, if the client is eligible for discretionary relief in immigration court, and defense counsel tells the client a plea will result in sure and certain deportation, the advice is inaccurate.  Under the facts given, the client could have applied for relief in immigration court but for the mistaken advice.


                Inaccurately gloomy advice can damage the client by causing him or her to lose an opportunity to salvage the immigration situation.  There is no substitute for figuring out exactly what is going on, and discussing the options with the client, so that an informed decision can be made.