Immigration Law and Crimes

National Immigration Project of the National Lawyers Guild, Dan Kesselbrenner, Lory D. Rosenberg

Binder/Looseleaf
Copyright: 2007-2008

Last Updated: 7/2/2008

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Description

Representing a noncitizen accused or convicted of a crime? Turn to this treatise for complete coverage of relevant law and emerging issues, practical guidance, and tactical considerations. Also contains many statutory and regulatory changes that have occurred as a result of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). Written for both immigration and criminal law practitioners.

Features

Analysis of all aspects of conviction or other formal contact with the criminal justice system
Criminal convictions and waivers under the immigration statute
Postconviction remedies, including vacations of judgment, expungements, and pardons
Procedure, strategies, and issues involved in the representation of the noncitizen accused
Statutory, judicial, and regulatory developments sample pleadings and forms
Implications of criminal convictions for legalization, asylum, voluntary departure, and naturalization
Categories of criminal convictions having immigration consequences, including crimes of moral turpitude, drug-trafficking crimes, and aggravated felonies

Summary Of Contents

Interaction of the Immigration and Criminal Laws: Overview

Aliens
Effects of Crime-Related Immigration Violations on the Alien
Categories of Criminal Activity Incurring Immigration Consequences
Criminal Aliens—INS Priority for the 1990's

Convictions for Criminal Activity

Foreign Convictions
Controlled Substance Convictions
Juvenile Dispositions in the United States
Administrative Convictions and Institutional Commitments
Definition of Conviction
Expungements and Other Amelioration
Proof of Convictions

Commission and Admission of Criminal Activity

Admission of the Essential Elements of a Crime
Conviction of a Particularly Serious Crime, and Serious Reasons for Considering That an Alien Has Committed a Serious Nonpolitical Crime
Inadmissibility and Deportability for Drug-Related Activity
Miscellaneous Immigration Classifications

Amelioration of Criminal Activity: Post-Conviction Remedies

Vacation of Judgment and Related Aspects of Post-Conviction Relief
State Statutory Notifications
Statutory Definition of Conviction and Post-Conviction Relief
State and Federal Expungement
Federal First Offender Act and State Rehabilitative Sentencing Statutes
Amelioration Provisions Within the Immigration and Nationality Act

Illegal Entry, Admission, and the Reentry Doctrine

Entry and Admission Issues Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA)
Elements of Entry Under Pre-IIRAIRA Law
Illegal Entry: 8 U.S.C.§1324(a)
Reentry After Deportation: 8 U.S.C.§1236
Collateral Challenges under AEDPA

Deportability and Excludability for Crimes Involving Moral Turpitude

Moral Turpitude
Sentenced to Confinement
Single Scheme of Criminal Misconduct
Bond Eligibility

Crime-Related Deportation Grounds and Criminal Offenses Under the INA

Visa Fraud and False Statements
Smuggling, Transporting, or Harboring; Illegal Entry
Aggravated Felonies
Weapons Violations
Other Drug-Related Convictions
Criminal Activity and Maintenance of Nonimmigrant Status
Judicial Deportation
Administrative Deportation

INS Enforcement, Bonds and Detention, and Rights of Noncitizens

INS Enforcement Powers and Local Enforcement
Immigration Bonds and Detention
Rights of Incarcerated Noncitizens

Discretionary Remedies and Benefits Provided Under the INA

Good Moral Character
Relief from Deportation
Adjustment of Status
Refugee and Asylee Adjustment
Rescission of Permanent Residence
Registry
Naturalization

Waivers Under the INA

Waiver Under§212(d)(3) of the INA
Waiver Under§212(h) of the INA
Cancellation of Removal for Lawful Permanent Residents
Eligibility for Former§212(c) Relief for Cases Adjudicated Under Pre-IIRAIRA Law
Fraud Waivers Pursuant to 8 U.S.C.§1227(a)(1)(H) and Former 8 U.S.C.§1251(f)
Waiver Under INA§212(i) to Excuse Visa, Document, or Immigration Fraud
Special Procedures for Asylees and Refugees
Waivers to Forgive Smuggling

Crime-Related Immigration Consequences Under the Immigration Reform and Control Act of 1986 (IRCA) and the TPS Provisions of the Immigration Act of 1990

Crime-Related Grounds of Ineligibility for Benefits Under IRCA
Overcoming Crime-Related Inadmissibility and Ineligibility
Crime-Related Grounds of Ineligibility for Temporary Protected Status Under the Immigration Act of 1990

Table of Cases
Table of Statutes
Index

Filing and Shelving Instructions


	Product Details
	Brand: Clark Boardman Callaghan Pages: 3870 Components: 1 Print Shelf Space: 3 in. Free Update Period: 90 Days Update Frequency: Replacement Pages-Semiannually


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