Bibliography
An extensive bibliography of law review articles and other legal materials useful in determining the immigration consequences of criminal convictions, ways in which they can be eliminated or ameliorated, and how to conduct criminal defense of immigrants. This bibliography is organized by the following topics:
General
Markowitz, Straddling the Civil-Criminal Divide: A Bifuricated Approach to Understanding the Nature of Immigration Removal Proceedings, 43 Harvard Civil Rights-Civil Liberties Law Review, Vol. 43, No. 2, 2008
The basic work in the field nationally was written under the auspices of the National Immigration Project of the National Lawyers Guild by Dan Kesselbrenner & Lory D. Rosenberg, IMMIGRATION LAW AND CRIMES (West Group, 2002).
Edward J. Imwinkelried, An Extended Footnote to "Statutory Constructions Not for the Timid," 30 THE CHAMPION 36 (May 2006).
Immigration Consequences
N. Tooby, editor, IMMIGRATION CONSEQUENCES OF CRIMINAL CONVICTIONS (1999)(emphasis on California criminal law and federal immigration law).
K. Brady and D. Kesselbrenner, "Recent Developments in the Immigration Consequences of Criminal Conduct," in II 1997-1998 AILA IMMIGRATION AND NATIONALITY LAW HANDBOOK -- Advanced Practice 282 (1997).
M. Kenmore, "Relief for Crimes in Transition," in II 1997-1998 AILA IMMIGRATION AND NATIONALITY LAW HANDBOOK -- Advanced Practice 299 (1997).
A. Lomangino, "Representing the Criminal Alien: Forms of Relief Available," in II 1997-1998 AILA IMMIGRATION AND NATIONALITY LAW HANDBOOK -- Advanced Practice 317 (1997).
R. Prinz, "The 1996 Criminal Alien Legislation in 1997: An Overview," in Practice Under IIRAIRA One Year Later: Regulations, Case Law and Agency Interpretations 205 (AILA, R. Patrick Murphy, ed. December, 1997).
American Immigration Lawyers Association, IMMIGRATION CONSEQUENCES OF CRIMINAL CONVICTIONS IN THE NINETIES: WHAT EVERY IMMIGRATION AND CRIMINAL LAWYER NEEDS TO KNOW (M. Kramer & A. Novick, eds. 1995).
Jill Sheldon, Immigration Consequences of Criminal Convictions (2006).
State References
Donald E. Wilkes, Jr., STATE POST-CONVICTION REMEDIES AND RELIEF (1996 and 1998 Supp.).
California
The Immigrant Legal Resource Center's full volume devoted to this area, covering California criminal law for both immigration and criminal practitioners, is K. Brady, D. Schwartz, N. Tooby & M. Mehr, CALIFORNIA CRIMINAL LAW AND IMMIGRATION (Immigrant Legal Resource Center 2002).
The California Continuing Education of the Bar treatise on California Criminal Procedure, CALIFORNIA CRIMINAL LAW: PROCEDURE AND PRACTICE (4th Ed. 2002), contains Chapter 48, K. Brady, D. Keener, & N. Tooby, Representing the Noncitizen Criminal Defendant.
N. Tooby, CALIFORNIA POST-CONVICTION RELIEF (2002).
New York
M. Vargas, REPRESENTING NONCITIZEN CRIMINAL DEFENDANTS IN NEW YORK STATE (NY State Defender's Association, Criminal Defense Immigration Project 2001).
Minnesota
M. Baldini-Potermin, DEFENDING NON-CITIZENS IN MINNESOTA COURTS (1998).
Record Clearance
Annot., AVAILABILITY AND APPROPRIATENESS OF AUDITA QUERELA RELIEF IN CONNECTION WITH IMMIGRATION AND NATURALIZATION PROCEEDING,105 A.L.R. Fed. 880.
For information on the writ of coram nobis in California, see C.E.B., APPEALS AND WRITS IN CRIMINAL CASES §§ 2.149-2.180 (1982); Erwin, Millman, Monroe, Sevilla, Tarlow, CALIFORNIA CRIMINAL DEFENSE PRACTICE, §102.20 (Matthew Bender); Prickett, "The Writ of Error Coram Nobis in California," 30 Santa Clara L. Rev. 1 (1990).
For discussion of writ of error coram nobis and immigration law, see Kesselbrenner and Rosenberg, IMMIGRATION LAW AND CRIMES (Matthew Bender), § 4.2(b) and Garcia, "The Coram Nobis Writ in an Immigration Law Context," 2 U.C.L.A. Chicano Law Review 92 (1975).
Concerning record clearance in California, see Warren Siegel, HOW TO SEAL YOUR JUVENILE AND CRIMINAL RECORDS: LEGAL REMEDIES TO CLEAN UP YOUR PAST (July 1997), available from Nolo Press, 950 Parker Street, Berkeley, CA 94710.
N. Tooby, CALIFORNIA EXPUNGEMENT MANUAL (2002).
N. Tooby, "VACATING CRIMINAL CONVICTIONS," in II 1997-1998 AILA IIMMIGRATION AND NATIONALITY LAW HANDBOOK -- Advanced Practice 339 (1997).
N. Tooby, "Evaluating the Chances of Obtaining Post-Conviction Relief: What Immigration Lawyers Need to Know," in Practice Under IIRAIRA One Year Later: Regulations, Case Law and Agency Interpretations 223 (AILA, R. Patrick Murphy, ed. December 1997).
N. Tooby, CALIFORNIA POST-CONVICTION RELIEF FOR IMMIGRANTS (2009).
Post-Conviction
G. Neuman, "HABEAS CORPUS, EXECUTIVE DETENTION AND REMOVAL OF ALIENS" May 1998, 98 Colum. L. Rev. 961
Detailed discussion of federal habeas corpus procedure may be found in J. Liebman and R. Hertz, FEDERAL HABEAS CORPUS PRACTICE AND PROCEDURE (The Michie Co. 1998); C.E.B., Appeals and Writs in Criminal Cases (1982 and current Supp.), Chapter 4; C.E.B., CALIFORNIA CRIMINAL LAW: PROCEDURE AND PRACTICE (2d ed. 1994), Chapter 43; CALIFORNIA CRIMINAL DEFENSE PRACTICE (1995) § 102.11.
L. Yackle, POSTCONVICTION REMEDIES (1981 & Feb.1999 Cum. Supp.)
I. Robbins, HABEAS CORPUS CHECKLISTS (1996)
N. Tooby, POST-CONVICTION RELIEF, in K. Brady, N. Tooby, et al., CALIFORNIA CRIMINAL LAW AND IMMIGRATION (Immigrant Legal Resource Center 2002)[California law]
D. Kesselbrenner & L. Rosenberg, IMMIGRATION LAW AND CRIMES (1996 - 2002), Chap. 4.
Donald E. Wilkes, Jr., STATE POSTCONVICTION REMEDIES AND RELIEF (1996 and 1998 Supp.).
Donald E. Wilkes, Jr., FEDERAL POSTCONVICTION REMEDIES AND RELIEF (1996 and 1998 Supp.).
Annot., EFFECT OF EXPUNGEMENT OF CONVICTION ON § 241(a)(4)(II) OF IMMIGRATION AND NATIONALIZATION ACT OF 1952, MAKING ALIENS DEPORTABLE FOR CRIMES INVOLVING MORAL TURPITUDE OR DRUGS, 98 A.L.R. Fed. 750 (1990).
Ineffective Assistance of Counsel
Failure to advise defendant concerning immigration consequences. Bogdan, Attila. Guilty pleas by non-citizens in Illinois: immigration consequences reconsidered. 53 DePaul L. Rev. 19-66 (2003).
Failure to advise defendant concerning immigration consequences. John F. Fatino, Ineffective Assistance of Counsel: Identifying the Standards and Litigating the Issues, 49 S. Dak. L. Rev. 31 (2003).
Justman, Rob A. Comment. The effects of AEDPA and IIRIRA on ineffective assistance of counsel claims for failure to advise alien defendants of deportation consequences of pleading guilty to an "aggravated felony". 2004 Utah L. Rev. 701-737.
Concerning California counsel's obligation to cooperate with successor counsel, even where an ineffective assistance claim is in the wind, see California State Bar Standing Committee on Professional Responsibility and Conduct, Formal Opinion No. 1992-127. It held original counsel must turn over the entire file (which belongs to the client) including the attorney's notes, and must answer all oral questions if failure to do so would prejudice the client. This Ethics Opinion, which was mailed to all California attorneys, is extremely useful in obtaining cooperation of original counsel.
Concerning counsel's obligation to retain the file, see Los Angeles County Bar Ass'n, Formal Ethics Opinion No. 420 stated: "In the absence of written instruction by the client, the client's file relating to a criminal matter in the possession of an attorney should be retained by the attorney and not destroyed."
Concerning ineffective counsel claims, an excellent article is Sevilla, "Investigating and Preparing an Ineffective Assistance of Counsel Claim," 37 Mercer L. Rev. 927 (1986) and, focusing on immigration cases, "Ineffective Assistance of Counsel," by Lory D. Rosenberg and Kenneth H. Stern, Interpreter Releases, May 23, 1988, pp. 529-537.
For a useful checklist of California decisions identifying successful (and unsuccessful) grounds of IAC, see ATTORNEY INCOMPETENCE, Appendix A, Grounds of Incompetence, 17 Western State L. Rev. 270.
Annot., INEFFECTIVE ASSISTANCE OF COUNSEL: MISREPRESENTATION, OR FAILURE TO ADVISE, OF IMMIGRATION CONSEQUENCES OF WAIVER OF JURY TRIAL, 103 A.L.R. Fed. 867.
Annot., INEFFECTIVE ASSISTANCE OF COUNSEL: Failure to Seek Judicial Recommendation Against Deportation . . . ., 94 A.L.R. Fed. 868.
Larry Fassler, INEFFECTIVE ASSISTANCE OF COUNSEL (Southwest Legal Services, P.O. Box 57091, Tucson, AZ 85732, 1994).
Annot., INEFFECTIVE ASSISTANCE OF COUNSEL: Misrepresentation, or Failure to Advise, of Immigration Consequences of Guilty Plea -- Federal Cases, 90 A.L.R. Fed. 748.
Criminal Defense
United States Attorney's Criminal Resource Manual
Rupp, SPECIAL CONSIDERATIONS IN REPRESENTING THE NON-CITIZEN DEFENDANT, Federal Defenders of San Diego, Inc., Defending a Federal Criminal Case 813 (1998).
N. Tooby, "CRIMINAL DEFENSE OF NON-CITIZENS," 22 N.L.G. National Immigration Project Immigration Newsletter, Nos. 3-4 (February & June, 1995).
The California Continuing Education of the Bar treatise on California Criminal Procedure, CALIFORNIA CRIMINAL LAW: PROCEDURE AND PRACTICE (4th Ed. 2002), contains Chapter 48, K. Brady, D. Keener, & N. Tooby, Representing the Noncitizen Criminal Defendant.
The best general introduction to basic criminal defense, with a comprehensive account of the constitutionally required minimum standards of fairness, is the three-volume A. Amsterdam, TRIAL MANUAL 5 FOR THE DEFENSE OF CRIMINAL CASES (1988).
Ed Swanson, CHALLENGING ALIENAGE -- IS YOUR CLIENT A U.S. CITIZEN?, Appendix 9-B, Part Two, to K. Brady & N. Tooby, Aggravated Felonies, Chap. 9, in K. Brady, supra.
M. Cherif Bassiouni, International Extradition: United States Law & Practice (4th ed. 2005).
Margaret H. Taylor & Ronald F. Wright, The Sentencing Judge as Immigration Judge, 51 Emory L.J. 1131 (2002).
Milton Hirsch, "For Transporting Us Beyond Seas": The Extraordinary Doctrine of "Extraordinary Rendition," 30 THE CHAMPION 46 (May 2006).
Aggravated Felony
Siepp, The Aggravated Felony Concept in Immigration Law: Traps for the Unwary and Opportunities for the Knowledgeable, 02-01 Immigration Briefings 1 (Jan. 2002)
Kemper, What Constitutes "Aggravated Felony" for Which Alien Can be Deported or Removed Under § 237(a)(2)(A)(iii) of the Immigration and Nationality Act, 01-11 Immigration Briefings 1 (Nov. 2001).
Lynn Hartfield, Challenging Crime of Violence Sentence Enhancements in Federal Court, 30 THE CHAMPION 28 (May 2006).
