The Immigration Penalties Of Criminal Convictions PDF Download
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Author | : Alina Das |
Publisher | : |
Total Pages | : 0 |
Release | : 2010 |
Genre | : |
ISBN | : |
Download The Immigration Penalties of Criminal Convictions Book in PDF, ePub and Kindle
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.
Author | : Mary E. Kramer |
Publisher | : |
Total Pages | : 164 |
Release | : 1995 |
Genre | : Social Science |
ISBN | : |
Download Immigration Consequences of Criminal Convictions in the Nineties Book in PDF, ePub and Kindle
Author | : John Rubin |
Publisher | : Unc School of Government |
Total Pages | : 180 |
Release | : 2017-11-30 |
Genre | : |
ISBN | : 9781560119128 |
Download Immigration Consequences of a Criminal Conviction in North Carolina Book in PDF, ePub and Kindle
Author | : Mary E. Kramer |
Publisher | : |
Total Pages | : 0 |
Release | : 2024 |
Genre | : Defense (Criminal procedure) |
ISBN | : 9781573705400 |
Download Immigration Consequences of Criminal Activity Book in PDF, ePub and Kindle
Author | : Sarah Tosh |
Publisher | : NYU Press |
Total Pages | : 249 |
Release | : 2023-10-10 |
Genre | : Law |
ISBN | : 1479816302 |
Download The Immigration Law Death Penalty Book in PDF, ePub and Kindle
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.
Author | : Mary E. Kramer |
Publisher | : Amer Immigration Lawyers Assn |
Total Pages | : 267 |
Release | : 2003-01-01 |
Genre | : Law |
ISBN | : 9781573701297 |
Download Immigration Consequences of Criminal Activity Book in PDF, ePub and Kindle
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 | : |
Total Pages | : 86 |
Release | : 1985 |
Genre | : Criminal law |
ISBN | : |
Download Strategies for Ameliorating the Immigration Consequences of Criminal Convictions Book in PDF, ePub and Kindle
Author | : Maricopa County (Ariz.). Office of the Public Defender |
Publisher | : |
Total Pages | : 75 |
Release | : 2003 |
Genre | : Actions and defenses |
ISBN | : |
Download Immigration Consequences of Criminal Convictions Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 8 |
Release | : 1990 |
Genre | : Criminal justice, Administration of |
ISBN | : |
Download Immigration Offenses Book in PDF, ePub and Kindle
Author | : Dan Kesselbrenner |
Publisher | : |
Total Pages | : |
Release | : 2012 |
Genre | : Actions and defenses |
ISBN | : 9780314938572 |
Download Immigration Law and Crimes Book in PDF, ePub and Kindle