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The Immigration Penalties Of Criminal Convictions
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Book Synopsis The Immigration Penalties of Criminal Convictions by : Alina Das
Download or read book The Immigration Penalties of Criminal Convictions written by Alina Das and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over a century, immigrants have faced adverse immigration consequences if convicted of certain types of offenses in criminal court. Many types of criminal convictions carry severe immigration penalties, including deportation, detention, and the denial of status like asylum or U.S. citizenship. The Supreme Court recently recognized that these penalties are so intimately tied to criminal court adjudications that criminal defense attorneys have a duty to advise noncitizen defendants of the immigration consequences of their guilty pleas in criminal court. Yet there is little clarity as to how one determines whether a particular conviction triggers an immigration penalty. Historically, courts have applied a categorical analysis for assessing the immigration consequences of a criminal conviction. Under a categorical analysis, an immigration official determines the penalties based on an assessment of the statutory definition of the offense, not the factual circumstances of the crime. However, recent Supreme Court, federal court, and agency decisions have ignored this longstanding analysis and have instead examined these issues through the lens of Taylor v. United States, a criminal sentencing case that adopts a categorical analysis in a different context. Distinguishing Taylor and its criminal sentencing rationales, recent decisions have invented a new approach for how past criminal convictions are assessed in the immigration context that now permits a circumstance-specific inquiry into facts beyond the criminal court's findings in some immigration cases. Under these recent decisions, the immigration consequences of a criminal conviction no longer turn on the criminal court adjudication alone, but may also account for facts that were not proven or pleaded in the criminal court proceeding. This article argues that this shift in analysis is based on a fundamental misunderstanding of the origins of categorical analysis in immigration law and its independent rationales, including its promotion of notice and an opportunity to be heard, uniformity, predictability, efficiency, and judicial review in the administrative agency context. The article further argues that, because of the flaw in the current debate, courts have failed to consider the negative impact that the erosion of categorical analysis has on the functioning of the current immigration and criminal justice systems. The rationales meriting categorical analysis apply with even greater force today than they did when categorical analysis was first articulated nearly a century ago.
Book Synopsis Immigration Consequences of Criminal Convictions in the Nineties by : Mary E. Kramer
Download or read book Immigration Consequences of Criminal Convictions in the Nineties written by Mary E. Kramer and published by . This book was released on 1995 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Immigration Consequences of a Criminal Conviction in North Carolina by : John Rubin
Download or read book Immigration Consequences of a Criminal Conviction in North Carolina written by John Rubin and published by Unc School of Government. This book was released on 2017-11-30 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Immigration Consequences of Criminal Activity by : Mary E. Kramer
Download or read book Immigration Consequences of Criminal Activity written by Mary E. Kramer and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Immigration Law Death Penalty by : Sarah Tosh
Download or read book The Immigration Law Death Penalty written by Sarah Tosh and published by NYU Press. This book was released on 2023-10-10 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the role of the aggravated felony in today’s deportation regime In immigration courts across America, a non-citizen convicted of an “aggravated felony” will almost certainly face deportation with no access to asylum. However, despite the ominous-sounding name, aggravated felonies need not be either “aggravated” or “felonies.” The term encompasses more than thirty offenses, ranging from check fraud and shoplifting to filing a false tax return. The recent expansion in the list of such offenses has resulted in astronomical rates of deportation. This book chronicles the rise of the use of the aggravated felony, known by lawyers as the “immigration law death penalty,” to criminalize and then deport immigrants. Immigrants convicted of aggravated felonies are subject to mandatory detention and almost certain deportation—and are ineligible for almost all forms of legal relief from removal. Furthermore, immigrants convicted of aggravated felonies can be detained for months or even years without bond, are not guaranteed lawyers, and can even be deported without an opportunity to plead their case in court. Sarah Tosh provides the first in-depth understanding of how aggravated felonies have been used to deport thousands of documented and undocumented immigrants and how the severe, expansive, and racially disparate outcomes have been met with innovative legal responses, bolstered by networks of community-based resistance. The Immigration Law Death Penalty is an urgent read for anyone committed to protecting the rights of immigrants nationwide.
Book Synopsis Immigration Consequences of Criminal Activity by : Mary E. Kramer
Download or read book Immigration Consequences of Criminal Activity written by Mary E. Kramer and published by Amer Immigration Lawyers Assn. This book was released on 2003-01-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: As immigration law has become progressively harsh, more people are subject to removal for more types of crimes, and few individuals are eligible for criminal waivers.AILA?s Immigration Consequences of Criminal Activity provides the guidance you need for solutions to the criminal charges your clients face and the resulting immigration consequences.This detailed book covers immigration aspects of criminal convictions from the time the client walks in the door to the close of the case. It provides step-by-step guidance to help you --identify immigration classifications of the crime charged --identify adverse immigration consequences attached to convictions --identify potential forms of relief, including waivers --identify possible plea solutions In addition, Immigration Consequences provides a nuts and bolts discussion of how to prepare and present waivers, and addresses forms of relief for cooperating witnesses including S, T, and U nonimmigrant visas.It?s more important than ever before that both criminal and immigration attorneys be fully aware of unfavorable immigration consequences attached to pleas, and the importance of constructing a plea that avoids these consequences.AILA?s Immigration Consequences supplies the background to help you provide the well-informed representation your client deserves.
Author :Association of the Bar of the City of New York. Immigration and Nationality Law Committee Publisher : ISBN 13 : Total Pages :86 pages Book Rating :4.:/5 (226 download)
Book Synopsis Strategies for Ameliorating the Immigration Consequences of Criminal Convictions by : Association of the Bar of the City of New York. Immigration and Nationality Law Committee
Download or read book Strategies for Ameliorating the Immigration Consequences of Criminal Convictions written by Association of the Bar of the City of New York. Immigration and Nationality Law Committee and published by . This book was released on 1985 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Immigration Consequences of Criminal Convictions by : Maricopa County (Ariz.). Office of the Public Defender
Download or read book Immigration Consequences of Criminal Convictions written by Maricopa County (Ariz.). Office of the Public Defender and published by . This book was released on 2003 with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Immigration Consequences of Criminal Convictions by : Erin O'Neil-Baker
Download or read book Immigration Consequences of Criminal Convictions written by Erin O'Neil-Baker and published by . This book was released on 2012 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis How to Protect Your Client from the Immigration Consequences of Criminal Convictions by : National Lawyers Guild. San Francisco Bay Area Chapter
Download or read book How to Protect Your Client from the Immigration Consequences of Criminal Convictions written by National Lawyers Guild. San Francisco Bay Area Chapter and published by . This book was released on 1994 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Immigration Offenses written by and published by . This book was released on 1990 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Minor Convictions with Major Consequences by : Jenelle Renee Williams
Download or read book Minor Convictions with Major Consequences written by Jenelle Renee Williams and published by . This book was released on 2011 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under U.S. immigration law, non-citizens with criminal convictions may be subject to removal from the country. One basis for removal is a conviction for an aggravated felony. The term "aggravated felony" conjures up images of particularly heinous crimes, and historically this term was applied only to serious felonies, but under current interpretations of the law, the term has been read expansively to include crimes that are neither felonies nor aggravated. In fact, even misdemeanor convictions for which the person has served no jail time may serve as a basis for one's removal from the United States. On the particular issue of a conviction in Virginia of misdemeanor assault and battery, federal courts and the Board of Immigration Appeals ("BIA") have not come to a final conclusion on whether it is an aggravated felony. Although it has not published decisions to serve as precedent on the issue, the BIA has issued a handful of unpublished decisions ruling in both directions. Some of the opinions indicate that Virginia Code Section 18.2-57.2 is a crime of violence, and therefore an aggravated felony. Others say it is not a crime of violence; leaving non-citizens in the dark on a legal issue of fundamental importance in their lives. Part II of this thesis examines the legislative history of the aggravated felony provision, through its various amendments, illustrating the drastic expansion of the provision despite limited debate or discussion of its implications. Part III discusses the state of the aggravated felony provision today. Part IV presents the practical results of the overly broad provision being enforced through the courts, with a particular focus on the example of Virginia misdemeanor convictions for assault and battery. Part V considers the approach courts have taken regarding misdemeanor assault and battery convictions as crimes of violence and contends that they should not be construed as such. This paper concludes that the BIA should publish a decision to serve as precedent on the issue and proposes how Congress can take appropriate action.
Book Synopsis Immigration Consequences by : Norton Tooby
Download or read book Immigration Consequences written by Norton Tooby and published by . This book was released on 1998 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Immigration Consequences of Criminal Convictions by : Ann Benson
Download or read book Immigration Consequences of Criminal Convictions written by Ann Benson and published by . This book was released on 1999 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Immigration Law and Crimes by : Dan Kesselbrenner
Download or read book Immigration Law and Crimes written by Dan Kesselbrenner and published by . This book was released on 1984 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive looseleaf treatise presents the law and procedure involved in representing a foreign-born criminal defendant. The work discusses the immigration consequences of criminal conviction and discretionary relief and other amelioration of the impact on immigration status.
Book Synopsis Materials for Workshop, Immigration Consequences of Criminal Convictions by : Law Offices of Norton Tooby
Download or read book Materials for Workshop, Immigration Consequences of Criminal Convictions written by Law Offices of Norton Tooby and published by . This book was released on 1997 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Guidelines Manual by : United States Sentencing Commission
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
