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Practice advisory on the Supreme Court’s Esquivel-Quintana decision and its effect on the aggravated-felony sexual-abuse-of-a-minor ground and related crim-imm arguments.
Cal. P.C. § 261.5(c) is not an aggravated felony, but the law may change for the worse on § 261.5(d) Esquivel Quintana v. AG Sessions (May 30, 2017)
Immigrants who are alleged to be involved with gangs are top immigration enforcement priorities for the Department of Homeland Security (DHS). This is true even if they have no criminal convictions and DHS is targeting them based on allegations alone. If such individuals choose to apply for immigration benefits, they may be exposing themselves to serious risk. This practice advisory discusses what gangs and gang databases are, how allegations of gang membership arise in immigration cases, the ov
The immigration statute designates certain types of crimes as “aggravated felonies.” See INA § 101(a)(43), 8 USC § 1101(a)(43). These are the most dangerous type of convictions for a noncitizen. Despite the name, this definition reaches offenses that are neither felonies nor aggravated. It can include selling $10 worth of marijuana, a misdemeanor shoplifting offense with a one-year suspended sentence, or failure to appear at a criminal hearing. The person must be convicted of the offense, not me
Question-and-answer advisory on administrative removal under INA § 238(b), including threshold eligibility, notice issues, and strategy for resisting or mitigating the process.
This Practice Advisory presents a short introduction to the Criminal Justice Act (CJA), which authorizes U.S. district courts to appoint counsel to represent financially eligible individuals in habeas corpus actions brought pursuant to 28 U.S.C. § 2241.
A noncitizen who is convicted of a “crime of domestic violence” is deportable. INA 237(a)(2)(E)(i), 8 USC 1227(a)(2)(E)(i). In Matter of H. Estrada the BIA reaffirmed that the categorical approach must be used to determine that the offense is a “crime of violence” under 18 USC § 16, but it held that the circumstance-specific approach can be used to determine whether the victim and defendant shared the required domestic relationship. Under that approach, the BIA found that ICE can use any reliabl
The BIA stated that Cal PC § 273a(b) is not a deportable crime of child abuse, in Matter of Mendoza-Osorio.
This advisory discusses how the Supreme Court's opinion in Johnson v. United States may affect selected offenses under California law, and what criminal defense and immigration advocates can do now.
Practice Advisory Issue area Removal Defense Audience Attorney Published: Jun. 8, 2015 Share on Twitter Share on Facebook Share on LinkedIn Copy Link to Clipboard Copy to Clipboard Download Practice Advisory
Crimes Policy Advocacy Publication Date Nov 25, 2014 Share Downloads File DAPA Criminal Practice Advisory Audience Practitioners
In Moncrieffe v. Holder , the U.S. Supreme Court reaffirmed that the full categorical approach applies in immigration proceedings. A result is that where the criminal statute defines the offense more broadly than the immigration definition at issue, the conviction will not trigger the immigration penalty.