Criminal Defense of Immigrants

(B)  Coordination with Immigration Counsel.  Because the noncitizen defendant may well leave the criminal context, and enter immigration proceedings, it is wise for defense counsel to check carefully with immigration counsel concerning the content of these statements and documents to ensure that the client is not taking a position, in criminal proceedings, that could prove harmful if it surfaces in later immigration proceedings.  Government counsel, like counsel for noncitizens, are increasingly recognizing the interrelationship between criminal and immigration law, and are obtaining copies of criminal court documents for use in later immigration proceedings.  If criminal defense counsel submits to the court, for example, documentation taking the position that a certain conviction is an aggravated felony in order to motivate court and prosecution to impose a sentence imposed of less than one year, that document could come back to haunt immigration counsel who later seeks to put forth arguments in removal proceedings that the conviction does not constitute an aggravated felony.  It is also independently wise to check the contents of any documentation or admissions relevant to the immigration consequences of the case with immigration counsel, prior to submitting them to the criminal court or prosecution, to ensure that they contain accurate information on these subjects.