Criminal Defense of Immigrants

The primary task of the Immigration Judge is to evaluate the evidence presented by the parties and determine whether a noncitizen respondent is subject to a ground of removal.  The respondent may choose either to concede a charge that s/he is removable or contest it.  If the change is contested, the party with the burden of proof must show that the respondent is or is not removable.  In the context of respondents subject to removal on the basis of a criminal conviction, the immigration judge will need to apply the categorical, divisible statute, and minimum conduct analysis to determine if the criminal conviction triggers a crime-based ground of removal.[298]   

[298] See Chapter 16, infra.