Criminal Defense of Immigrants
§ 18.2 II. Immigration Considerations
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The following is a general overview of the immigration considerations relating to the crime-related grounds of inadmissibility. This overview is primarily intended to benefit criminal defense counsel and others who are unfamiliar with this area of immigration law. As always, experienced immigration counsel should be consulted to determine whether, and to what extent, a client’s criminal issues will affect the immigration status. The key considerations discussed below are:
(a) Whether a noncitizen is subject to the grounds of inadmissibility or the grounds of deportation, see § 18.3, infra;
(b) The burden of proof placed on noncitizens facing charges of inadmissibility, see § § 18.6-18.7, infra;
(c) What constitutes an “admission” of criminal conduct sufficient to trigger certain conduct based grounds of inadmissibility, see § 18.8, infra;
(d) What forms of immigration relief are available to avoid removal based upon a finding of inadmissibility, see § 18.9, infra, and
(e) Relevant non-crime related grounds of inadmissibility. See § 18.10, infra.