Latest Practice Advisories
Advising Immigrant Clients after President Trump’s 1.25.17 Executive Orders: FAQs for Criminal Defense Attorneys (Immigrant Defense Project)
Immigration News
Click here for the most up-to-date news stories on immigration and criminal justice.
Practice Advisories and Additional Resources
Immigration Practice Advisory Regarding Silva-Trevino: Attorney General Holder Issues Order that Should Give Defense Lawyers Better Ability to Limit the Immigration Consequences of Guilty Pleas to Certain Charges.
Defense Counsel's Duty to Advise of Immigration Consequences under Padilla v. Kentucky - Defense lawyers must correctly advise their clients about the immigration consequences of entering a plea, the U. S. Supreme Court recently held in Padilla v. Kentucky (No. 08-651, March 31, 2010). The Immigrant Defense Project has developed this practice advisory to inform defense lawyers of their duty under Padilla and help them better understand their obligations to noncitizen clients: “Duty of Criminal Defense Counsel Representing an Immigrant Defendant After Padilla v. Kentucky.”
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PADILLA IN PRACTICE: Your Duty to Advise Clients of Immigration Consequences
Carachuri-Rosendo v. Holder, (No. 09-60, June 14, 2010) - A second minor drug possession offense does not constitute automatic grounds for deportation of a lawful legal resident, the U.S. Supreme Court decided in Carachuri-Rosendo v. Holder. The Court held that when a defendant has been convicted of a simple possession offense that has not been enhanced by a prior conviction, he has not been convicted of an immigration “aggravated felony” punishable under the Controlled Substances Act rendering him automatically deportable (as opposed to removable) under federal law.
Padilla in Practice series
three free webinars providing IMMIGRATION LAW ESSENTIALS for defense lawyers:
Learn more about our Resource Center Training Series
Suggested Reading
Post Padilla: Padilla’s Puzzles for Review in State and Federal Courts - Nancy J. King and Gray Proctor, Federal Sentencing Reporter, Vol. 23, No. 3, February 2011.
Immigration Consequences of Criminal Convictions: Padilla v. Kentucky - Office of Immigration Litigation, U.S. Department of Justice, Civil Division (Sept. 2010) This document is intended to assist federal and state prosecutors, judges and other interested parties in understanding the immigration consequences of a non-citizen’s guilty plea in a criminal case.
“Duty of Criminal Defense Counsel Representing an Immigrant Defendant After Padilla v. Kentucky” - Immigrant Defense Project
Padilla Sample Intake Form from Washington Defender Association’s Immigration Project www.defensenet.orgwww.defensenet.org/immigration-project
Cultural Issues in Criminal Defense - (Ama N. Appiah, editor; 4th Ed., June 2015) available for order at Juris Publishing
Immigration Law and Crimes (2009) - by Dan Kesselbrenner and Lory Rosenberg, available for order from Thompson West here
Immigration Law and Defense (3rd ed., 2010) - by the National Immigration Project of the National Lawyers Guild, available for order from Thompson West here.
Immigration Consequences of Criminal Activity (4th ed., 2009) - by Mary E. Kramer, available for order from AILA Publications here.
Web Links
ABA Padilla Resource Page - The American Bar Association Criminal Justice Section Padilla Task Force presents Padilla and Beyond, the Criminal Justice Section Symposium Materials. Materials include articles, reference tools and two videos for judicial, prosecutorial, and defense agencies as well as for the general public.
Online Detainee Locator System - On the U.S. Immigration and Customs Enforcement website www.ice.gov ODLS as a tool for family member, lawyers, and others interested parties to locate individuals who are detained in ICE custody. ODLS provides information on the location of the detention facility where an individual is being held, facility phone number, and contact information for the ICE Enforcement and Removal Operations office in that region.
Immigrant Defense Project - Defends the legal, constitutional and human rights of immigrants facing criminal or deportation charges. A wealth of helpful immigration materials for defense lawyers can be found on this website.
Immigrant Legal Resource Center - A non-profit resource center that advocates on behalf of immigrants and provides educational materials and legal training to assist defense counsel. A wealth of helpful immigration materials for defense lawyers can be found on this website.
Defending Immigrants Partnership - Developed by the Immigrant Legal Resource Center, Immigrant Defense Project, National Legal Aid and Defender Association and the National Immigration Project of the National Lawyers Guild to assist criminal defenders in representing noncitizens. Has many resources that will be of use to defense counsel.
National Immigration Project of the National Lawyers Guild, Inc. - A national membership organization providing legal assistance and technical support to immigrant communities, legal practitioners, and advocates. Has many resources that will be of use to defense counsel.
Extradition and Cross Border Criminal Defense - News Linda Friedman Ramirez's blog at http://obtainingforeignevidence.blogspot.com
American Immigration Lawyers Association
Washington Defender Association’s Immigration Project
Southern Poverty Law Center - A non-profit civil rights organization whose priorities include immigrant justice.
Champion Articles
Padilla v. Kentucky: The Right to Counsel and the Collateral Consequences of Conviction - Margaret Colgate Love and Gabriel J. Chin (May 2010)
Committee Briefing: Attorney Must Tell Client Whether Plea Carries Immigration Consequences - Tova Indritz (April 2010)
Evolving Extradition - Linda Friedman Ramirez (2009)
Immigration - Ivan Dominguez (2009)
Informal Opinion (Six Informal Immigration-Related Criminal Justice Ideas for the New Administration and Congress) - Tova Indritz (2009)
Representing a Non-Citizen in a Criminal Case - Scott E. Bratton (2007)
When the Accused Faces Loss of Family and Property, as well as Liberty - Miriam Gohara (2003)
Preventative Lawyering: How Defense Counsel Can Defend Immigrants' Rights - Laury Diana Rosenberg of the National Legal Aid and Defender Association (2003)
Cultural Factors in Motions to Suppress - James G. Connell III and Rene L. Valladares (2001)