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Resources
Resources

Chart: Immigration Effect of Post-Conviction Relief
Publication Date
12/03/2015
This chart shows the effect that immigration law gives to different types of state post-conviction relief, including the new California Penal Code § 1203.43.
Resources
Resources

Protocols for Ensuring Effective Defense of Noncitizen Defendants in California
Publication Date
12/02/2015
A review of four different models used throughout California, in advising noncitizen defendants of the immigration consequences of criminal offenses.  This protocol provides interviews with defenders currently practicing these models, as well as practical tips and resources in establishing similar models in your jurisdiction.
Resources
Resources

Crimes-Related Bars to DAPA & DACA
Publication Date
01/13/2015
This is an annotated chart that provides quick access to the differing crimes bars to DAPA and DACA.
Resources
Resources

Great Ninth Circuit Case on Divisible Statutes: California Burglary Never Is “Attempted Theft”
Publication Date
08/26/2014
In Rendon v. Holder the Ninth Circuit clarified when a statute is truly “divisible” under the categorical approach, and held that California burglary (Penal Code § 459) never constitutes the aggravated felony “attempted theft.” This holding also means that California burglary never is a crime involving moral turpitude, under the categorical approach.
Resources
Resources

California Defines Misdemeanor as Maximum 364 Days
Publication Date
07/23/2014
On July 21, 2014, Governor Brown signed into law a provision that will make a California misdemeanor have a maximum possible sentence of 364 days. This will provide crucial help to immigrants convicted of minor offenses.
Resources
Resources

Expansion of the Former § 212(c) Relief
Publication Date
03/21/2014
A permanent resident with convictions from before April 1, 1997 may be eligible for a powerful waiver under the former INA § 212(c)—even if the offense was an aggravated felony. Yielding to the U.S. Supreme Court opinion in Judulang, the BIA has dramatically increased the type of offenses that can be waived. See practice advisory by the NIPNLG and IDP, entitled "Matter of Abdelghany: Implications for LPRs Seeking § 212(c) Relief" at https://nationalimmigrationproject.org/PDFs/practitioners/practice_advisories/crim/2014_14Mar_matter-abdelghany.pdf.
Practice Advisory
Resources

Moncrieffe and Olivas-Motta: Fourteen Crim/Imm Defenses in the Ninth Circuit
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.
Practice Advisory
Resources

Post-Conviction Relief in California Should Be Unaffected by Chaidez v. United States
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.
FAQs & Explainers
Resources

Understanding the Criminal Bars to the Deferred Action Policy
Publication Date
10/26/2012
In addition to a number of other requirements, to qualify for deferred action a person must not be convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and not pose a threat to public safety or national security.
FAQs & Explainers
Resources

DACA Criminal Bars Chart
Publication Date
10/26/2012
In addition to a number of other requirements, to qualify for deferred action a person must not be convicted of a felony, a significant misdemeanor, or multiple misdemeanors, and not pose a threat to public safety or national security.
Practice Advisory
Resources

LPR Bars to § 212(h) – To Whom Do They Apply?
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
Resources

Ninth Circuit Decides Key Issues about Categorical Approach; Overturns Sandoval-Lua
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.
Practice Advisory
Resources

Advisory: Ninth Circuit Panel Reverses Itself in Pagayon II
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.
Practice Advisory
Resources

Conviction on Direct Appeal of Right Remains a “Conviction” for Immigration Purposes
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.
Practice Advisory
Resources

Practice Advisory: Lujan & Nunez, July 14, 2011
Publication Date
07/18/2011
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
Resources
Resources

Who Decides? Overview of Chevron, Brand X and Mead Principles
Publication Date
05/02/2011
"A brief overview of principles governing deference to an agency may be useful to practitioners new to this area. In immigration law, the immigration judge and the BIA may resolve almost all issues presented in an immigration case, and DHS and the AG will address many issues in regulation or other policy rulings." By Kathy Brady.
Practice Advisory
Resources

Update on INA § 212(h) Defense Strategies
Publication Date
03/17/2011
"Many Permanent Residents Are Not Subject to the § 212(h) Permanent Resident Bar; The Eleventh Circuit Reaffirms § 212(h) as a Direct Waiver of Deportability; Using § 212(h) When LPR Cancellation is Not an Option" by Kathy Brady