Celebrating 10 years! 2007-2017

New ICE Policies

Just wondering what changes anyone who has practices crimina orange903/20/17
If your client is convicted of a trafficking offense, I thin superttthero03/20/17
That's what I'm banking on. I'm going to watch the AILA CLE isthisit03/20/17
Try a law school outline. Really it's classes of petitions, superttthero03/20/17
Muchas gracias 👍. That's the idea I've been toying isthisit03/20/17
No problem. Wrote down on the train...sorry for the misspell superttthero03/20/17
orange9 (Mar 20, 2017 - 4:33 pm)

Just wondering what changes anyone who has practices criminal or immigration has experienced.

I have a large drug case involving a permanent resident that is certainly deportable if he takes any deal, but we are working on a deal which would not involve him going in. In the past, if someone is not going in, odds were no one would ever show up at the door step. If the person went in, odds were there would be an ICE detainer.
Now things are a bit different. Has anyone experienced ICE going after permanent residents at their homes? And if so, was it for non-violent crimes?

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superttthero (Mar 20, 2017 - 4:43 pm)

If your client is convicted of a trafficking offense, I think even prior to Trump, ICE would get them anywhere (home, work, school).

If I recall correctly, trafficking convictions render you deportable and ineligible for bond while you are awaiting your immigration trial.

I would really read up on the deportation section of the act, the cancellation of removal for LPR sections, and the bond eligibility section. Before taking a deal, I would also advice your client of the immigration consequences, you don't want to set yourself up for an ineffective assistance claim in the crim or immigration setting (much more likely with LPRs than EWIs).

FWIW orange, if your criminal practice deals mostly with immigrants I would invest the few hundred dollars every year or two on the Kurzban book. It's not a hard read that gives you fast answers with case citations. Also, most uncomplicated deportation defense cases are pretty straight forward, you could really get into that.. that book, a few seminars and how-tos online and you're set to start small in that area--just a thought.

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isthisit (Mar 20, 2017 - 6:36 pm)

That's what I'm banking on. I'm going to watch the AILA CLE this Friday. Other than buying the Kurzban book, I don't really know much else in this area.

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superttthero (Mar 20, 2017 - 6:47 pm)

Try a law school outline. Really it's classes of petitions, classes of removabiliry (Which encompasses deportation and inaccessibility), waivers, and removabiliry relief (including bond). Sure it gets complicated but you brush up on those as a start and you reality complexities as they come and at seminars/talks.

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isthisit (Mar 20, 2017 - 8:03 pm)

Muchas gracias 👍. That's the idea I've been toying with buying/downloading. Wasn't sure if it would be a waste or not. I'll get one as a road map.

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superttthero (Mar 20, 2017 - 10:06 pm)

No problem. Wrote down on the train...sorry for the misspellings.

inaccessibility = inadmissibility

removabiliry relief = removeability relief (which are how to get to stay when "guilty"/removeable, methods like asylum, cancellation of removal--sometimes bond depends on the defenses' merits).

Also, I suggest if you ever have a morning off and it is nearby, head over to a EIOR court. The first immigration hearing for a client (if there is no bond hearing) is the 'Master Calendar.' This is basically the first and only one or two status hearings. They are heard in a cattle call where everyone is scheduled at the same time and they do them in order of arrival with attorneys going first--it could last all day.

You can spend a morning seeing how people plead and how the final hearings are scheduled and some common issues. Each one lasts 5-15 minutes (of course there our outliers that slow down the whole day), so a couple of hours and you can learn a lot. The bar is very helpful, so you can always chat up the attorneys waiting to be called if you aren't in the audience of a courtroom.

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