Resources
Publication Date
08/01/2011
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.
Resources
Publication Date
08/10/2011
Legal Services Support Centers and Rebellious Advocacy: A Case Study of the Immigrant Legal Resource Center, by Bill Hing.
Resources
Publication Date
10/26/2011
Practice Advisory: California Health and Safety Code § 11357(b) prohibits possession of not more than 28.5 grams of marijuana. After January 1, 2011 it will be treated as an infraction.
Resources
Publication Date
12/13/2011
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 A Ninth Circuit panel has withdrawn a very bad opinion on the modified categorical approach and substituted a substantially better one.
Resources
Publication Date
03/28/2012
Eligibility for Waiver in Removal Proceedings under the Former INA § 212(c), Pursuant to Judulang v. Holder
Resources
Publication Date
05/01/2012
This 77-page guide contains checklists, step-by-step help and sample materials for detained pro so applicants (those without lawyers) who are representing themselves in filing a U visa application. It was produced by the Immigrants’ Rights Clinic of Stanford Law School on behalf of Centro Legal de la Raza in Oakland, California.
Resources
Publication Date
05/14/2012
Prosecutors' Consideration of Immigration Consequences of Crimes in Light of Padilla v. Kentucky.
Resources
Publication Date
05/15/2012
This Q&A fact sheet from USCIS provides information on making the appointment and preparing for the interview for U nonimmigrants who need to consular process.
Resources
Publication Date
09/17/2012
Matter of Rodriguez, 25 I&N Dec. 784 (BIA 2012). Section 212(h) of the INA1 is an important waiver of crimes-based grounds ofinadmissibility.
Resources
Publication Date
09/17/2012
The Ninth Circuit En Banc Decides Key Issues About the Categorical Approach; overturns Sandoval-Lua: Young v. Holder __F.3d__ (9th Cir. Sept. 17, 2012) (en banc). This quick Advisory provides the headlines from an important Ninth Circuit case published today. Further advisories may provide a more in-depth analysis.
Resources
Publication Date
10/15/2012
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).
Resources
Publication Date
05/09/2022
A reference sheet on the immigration consequences of delinquency and diagnostic questions for noncitizen youth: determining potential avenues for legal status.
Resources
Publication Date
02/21/2013
Many noncitizen defendants are already deportable (“removable”). This includes all undocumented people, as well as lawful permanent residents (green card-holders) who have become deportable because of a conviction. If immigration authorities find these people – which is likely to happen – they will be deported unless they are granted some kind of immigration relief. For these defendants, staying eligible to apply for immigration relief is their most important immigration goal, and may be their highest priority in the criminal defense.
Resources
Publication Date
03/12/2013
In Chaidez v. United States, 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.
Resources
Publication Date
05/03/2013
"The Immigration and Naturalization Service, Community-based Organizations, and the Legalization Experience: Lessons for the Self-Help Immigration Phenomenon,” is a law review article written by ILRC’s founder, Bill Hing, in which he discusses lessons learned from the Immigration Reform and Control Act of 1986.
Resources
Publication Date
05/01/2013
The ILRC, along with WDA, IDP, and NIP, summarize and discuss some of our immigration system’s most egregious aspects, outline five main principles to advocate for with immigration reform, and caution against possible new harmful provisions that we would have to fight for decades to come.
Resources
Publication Date
05/21/2013
The long-delayed congressional debate over vital immigration reform begins this week following the filing of a bipartisan measure that creates a roadmap to citizenship for a portion of the 11 million immigrants now in the country without documents.
Resources
Publication Date
05/21/2013
Resources
Publication Date
05/24/2013
Mark Silverman, ILRC Director of Immigration Policy, discusses concerns about fraud under the SAW program and why fraud is less likely to occur under a future legalization program.
Resources
Publication Date
05/29/2013
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.
Resources
Publication Date
06/03/2013
Drawing from our experiences during and after IRCA, we offer a brief analysis of some of the legalization aspects of the recently introduced Senate Bill—the “Border Security, Economic Opportunity and Immigration Modernization Act of 2013.” We divide our discussion broadly into the positive and negative features of provisions in Senate Bill 744 (S.744) that relate to the length of the path to citizenship, eligibility requirements, and confidentiality provisions, and compare these to the provisions that existed under IRCA.
Resources
Publication Date
06/06/2013
Today, the U.S. House of Representatives approved an amendment by Rep. Steve King (R-IA) to HR 2217, the “Department of Homeland Security Appropriations Act2014.” This amendment denies funding to the Department of Homeland Security (DHS) to implement and administer several important programs, including the Deferred Action for Childhood Arrivals (DACA) Program.
Resources
Publication Date
06/24/2013
New Advocacy Guide for ICE's massive Criminal Alien Program (CAP), from the National Immigrant Project, Washington Defenders Association, and the Immigrant Legal Resource Center.
Resources
Publication Date
07/22/2013
A manual for organizers on how to prevent local law enforcement from holding immigrants for ICE.
Resources
Publication Date
07/22/2013
Resources
Publication Date
07/31/2013
Resources
Publication Date
08/14/2013
The powerpoint focuses on the paths to citizenship, future flow, and enforcement provisions that are in the Senate immigration reform bill titled “Border Security, Economic Opportunity, and Immigration Modernization Act” (S. 744).