An "Adjournment in Contemplation of Dismissal" or "ACD" is an immigration neutral disposition in that it is a pre-plea disposition in which the prosecution eventually dismisses the case after a specified period of time (usually 6 months or a year) without ever taking any plea on the issue of guilt or making any determination. During the ACD period, the criminal case is open.
Morales v. Ashcroft, 2004 WL 363432 (9th Cir. February 25, 2004) (unpublished) (IJ erred in finding that single misdemeanor conviction rendered noncitizen statutorily ineligible for suspension of deportation where misdemeanor conviction of California Penal Code 273.5, corporal injury, fell within petty offense exception of 8 U.S.C. 1182(a)(2)(A)(ii)(II)).
Alire v. State, ___ Ariz. App.2d ___, 2005 WL 189682 (Jan. 28, 2005) (criminal sentencing court is free to consider defendant's illegal immigration status as a factor in determining appropriate sentence for criminal conviction for driving under influence of alcohol).
http://www.apltwo.ct.state.az.us/Decisions/CR20040044Opinion.pdf
Daniel M. Kowalski, Sentencing Options for the Deportable Non-Citizen, 8 fed. Sentencing Rep. 286 (1996).
United States v. Benitez-Perez367 F.3d 1200 (9th Cir. May 20, 2004) ("sentence imposed" for purposes of 2L1.2(b)(1) means the actual sentence imposed by the judge; parole [unlike probation] is not to be considered in determination of the "actual sentence imposed").
http://caselaw.lp.findlaw.com/data2/circs/9th/0310419p.pdf
FBI records requests: for information on how to do them go to: http://www.fbi.gov/hq/cjisd/fprequest.html
Most state highway patrols maintain statewide criminal history data. They have web sites. For example, the Washington State Patrol can be found at: http://www.wsp.wa.gov/crime/crimhist.htm
The OJIN (Oregon Judicial Information Network) records all Oregon criminal activity. It is possible to subscribe to this network, or OJIN checks can be run at the local county court house.
Matter of Luviano, 23 I. & N. Dec. 718 (AG Jan. 18, 2005) (firearms conviction expunged pursuant to California state rehabilitative relief statute, Penal Code 1203.4(a), remained a conviction for immigration purposes under the statutory definition of conviction, INA 101(a)(48)(A), 8 U.S.C. 1101(a)(48)(A)).
Arizona rules of criminal procedure contain a state advisal requirement that the court, before accepting a plea of guilty or no contest, advise every defendant concerning potential adverse immigration consequences of the plea. These rules also state the defendant is not to be required to disclose his or her immigration status. After plea, however, defendants are seen by a presentence report writer, who asks them their birthplace, mothers name and birthplace, the fathers name and birthplace.
Vasquez-Ramirez v. US Dist. Court for the S. Dist. of California, 443 F.3d 692 (9th Cir. Apr. 6, 2006) (once a prosecutor brings charges against a defendant, Federal Rule of Criminal Procedure 11 requires judge to accept defendants guilty plea to those charges, regardless of whether the judge feels prosecutors charging decision was too aggressive or too lenient).
http://caselaw.lp.findlaw.com/data2/circs/9th/0475715p.pdf
Some issues to cover when negotiating with prosecutors, either to obtain a safe plea bargain that will not result in adverse immigration consequences, or when trying to negotiate the reopening of a case via post conviction relief for the same purposes, would be the following: (1) It is legitimate to negotiate dispositions in light of the immigration consequences to the defendant and innocent family and friends;
(2) Prosecutorial discretion is broad enough to take into account totality of the circumstances;