Criminal Defense of Immigrants


§ 10.47 2. Avoiding Damaging Admissions

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                Counsel should ensure that in discussions between the defendant and the probation officer, and in admissions made by the defendant in court, there are no admissions that would cause immigration damage.  See § 10.9, supra.


                Factual allegations in a probation violation petition may be considered by immigration authorities in deciding whether a conduct-based ground of deportation or inadmissibility has occurred.  Counsel should therefore examine this question carefully, and avoid admission of conduct that would bring the client within a conduct-based ground.  The same is true of admissions of commission[139] of a crime of moral turpitude[140] or controlled substances offense.[141]

[139] See § 18.8, infra.

[140] See § 20.28, infra.

[141] See § 21.5, infra.