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Immigration Practice Resources

Search immigration practice advisories, sample filings, manuals, brief banks, and government guidance from trusted practitioner sources.

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Immigration court deadline 606 Asylum merits package 93 Motions, stays, and pretermission 133 Bond, detention, and habeas 79 BIA, PFR, and federal court 447 USCIS and AAO appeals 209 Crim-imm screening 151 VAWA, U, T, and survivor relief 190
Topic: Crimes and categorical approach Clear

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Showing 97-108 of 135 resources.

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Immigrant Legal Resource Center Practice advisory Mar 12, 2013

Post-Conviction Relief in California Should Be Unaffected by Chaidez v. United States

In Chaidez v. United State s, 568 U.S. _____, ____S.Ct.____, 2013 WL 610201, (February 20, 2013) the U.S. Supreme Court held that Padilla v. Kentucky , 559 U.S. 356 (2010) was a “new rule” that did not apply retroactively to convictions final before March 31, 2010. In Padilla , the Supreme Court held that the Sixth Amendment requires criminal defense counsel to advise a noncitizen about the immigration consequences of a guilty plea.

Crimes and categorical approach Cross-forum Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Oct 15, 2012

Arguing That a California Infraction is Not a Conviction; Test for Non-Misdemeanor Offenses

Practice Advisory: The BIA held that a violation of a Kansas municipal ordinance is a conviction for immigration purposes despite the lack of appointed defense counsel or right to a jury trial in those proceedings. Matter of Cuellar , 25 I&N Dec. 850 (BIA 2012).

Crimes and categorical approach BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 13, 2011

Advisory: Ninth Circuit Panel Reverses Itself in Pagayon II

Testimony before an IJ may not be used to characterize an offense, or to link two documents from the record of conviction. A Ninth Circuit panel has withdrawn a very bad opinion on the modified categorical approach and substituted a substantially better one.

Crimes and categorical approach Immigration court Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 1, 2011

Conviction on Direct Appeal of Right Remains a “Conviction” for Immigration Purposes

Planes v. Holder (9th Cir. July 5, 2011): Criminal defenders must assume that filing a timely direct appeal of right will not prevent a conviction from having immigration effect. This is a change in the law, created by Planes v. Holder , supra . Advocates will file a petition for rehearing and there is a good chance that this will be granted, and a reasonable chance, although no guarantee, that Planes may be reversed.

Crimes and categorical approach BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Jul 18, 2011

Practice Advisory: Lujan & Nunez, July 14, 2011

Warning: Immigrant Defendants with a First Minor Drug Offense: “Rehabilitative relief” will no longer eliminate a first conviction for simple possession for immigration purposes, unless the conviction occurred before 7/14/11

Crimes and categorical approach Children and SIJS Cross-forum Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Resource directory No date

ILRC Resource Library

Immigrant Legal Resource Center public resource library with practice advisories, charts, explainers, and practitioner-facing guidance.

Crimes and categorical approach Family-based practice Adjustment of status Cross-forum USCIS
Open source Record
Immigrant Defense Project Resource directory No date

Immigrant Defense Project Practice Advisories

Immigrant Defense Project page collecting practice advisories and related materials at the intersection of criminal and immigration law.

Crimes and categorical approach Detention / bond Removal defense Cross-forum Immigration court
Open source Record
National Immigration Project Resource directory No date

National Immigration Project Resource Hub

National Immigration Project's public resource page collecting practice advisories, litigation materials, and defense-oriented guidance.

Removal defense Detention / bond Crimes and categorical approach Cross-forum Immigration court
Open source Record