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Resources on Criminal-Immigration Law

Tooby’s Guide to Criminal Immigration Law: How Criminal and Immigration Counsel Can Work Together in Criminal Cases

This 230-page volume, being offered in a PDF version for downloading free of charge by the Law Offices of Norton Tooby, includes strategies for avoiding deportation at each stage of a criminal case: investigation, consultation, plea, sentence, post-conviction relief.

Practice Advisory for Criminal Defense Lawyers re: Attorney General Holder April 10, 2015 Order in Matter of Silva-Trevino II
On April 10, 2015, U.S. Attorney General Eric Holder signed an order, vacating a previous decision, that helps defenders give more reliable advice regarding convictions that might be interpreted as “crimes involving moral turpitude” and limit consequences by controlling what is in the record of conviction. IDP, the National Immigration Project of the National Lawyers Guild and the Cardozo School of Law Immigration Justice Clinic have prepared a practice advisory regarding the Silva-Trevino II, which you can order here.

Chart: Aggravated Felony Case Law Determinations
This chart contains sample aggravated felony case law determinations to help you determine whether a specific criminal offense (felony or misdemeanor) may be deemed an “aggravated felony” for immigration law purposes.

Advisory: Practical Tips to Avoid Aggravated Felonies
This advisory, produced by Bronx Defenders, suggests strategies during a criminal proceeding to minimize the risk that a criminal conviction will be deemed an aggravated felony under immigration law.

Chart: “Particularly Serious Crimes” Bars on Asylum and Withholding of Removal
This chart assists practitioners in determining whether an offense may be deemed a particularly serious crime, and thereby bar certain persecution-based relief from removal. It also includes a table of case law determinations.

Practice Advisory: Recent Developments in the Categorical Approach: Tips for Criminal Defense Lawyers Representing Immigrant Clients (Jan. 31, 2011)
This advisory for criminal defense attorneys, prepared by IDP and the Neighborhood Defender Service of Harlem and updated by the Immigration & Human Rights Clinic of the David A. Clarke School of Law at the University of the District of Columbia, gives a brief overview of new developments in the “categorical approach” that immigration courts use to determine the immigration effects of a conviction and offers concrete practice tips for defense counsel in light of these changes.

Quick Reference Charts for Immigration Consequences of Criminal Offenses

These charts list common criminal offenses, and whether they might trigger an immigration ground of removability (and thereby subject an immigrant to deportation).

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