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Immigrant Legal Resource Center Practice advisory Mar 12, 2013

Post-Conviction Relief in California Should Be Unaffected by Chaidez v. United States

In Chaidez v. United State s, 568 U.S. _____, ____S.Ct.____, 2013 WL 610201, (February 20, 2013) the U.S. Supreme Court held that Padilla v. Kentucky , 559 U.S. 356 (2010) was a “new rule” that did not apply retroactively to convictions final before March 31, 2010. In Padilla , the Supreme Court held that the Sixth Amendment requires criminal defense counsel to advise a noncitizen about the immigration consequences of a guilty plea.

Crimes and categorical approach Cross-forum Direct PDF

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National Immigration Project Practice advisory Jan 15, 2013

Practice Advisory: Matter of Davey & the Categorical Approach

This practice advisory discusses the Board of Immigration Appeals (BIA) decision in Matter of Davey, 26 I&N Dec. 37 (BIA 2012) and its holding that the categorical approach does not apply to the “possession of 30 grams of marijuana” exception to deportability found in 8 U.S.C. § 1227(a)(2)(B)(i), INA § 237(a)(2)(B)(i).

BIA appeals Immigration court BIA Direct PDF

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Immigrant Legal Resource Center Practice advisory Oct 26, 2012

Practice Advisory for Criminal Defenders: Certain Criminal Offenses May Bar Persons from Applying for the New Deferred Action Status Program Announced by President Obama

This advisory for criminal defense counsel outlines defense strategies to preserve a client’s possible eligibility for deferred action.

Crimes and categorical approach Cross-forum Direct PDF

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Immigrant Legal Resource Center Practice advisory Oct 15, 2012

Arguing That a California Infraction is Not a Conviction; Test for Non-Misdemeanor Offenses

Practice Advisory: The BIA held that a violation of a Kansas municipal ordinance is a conviction for immigration purposes despite the lack of appointed defense counsel or right to a jury trial in those proceedings. Matter of Cuellar , 25 I&N Dec. 850 (BIA 2012).

Crimes and categorical approach BIA appeals BIA Direct PDF

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Immigrant Legal Resource Center Practice advisory Sep 17, 2012

LPR Bars to § 212(h) – To Whom Do They Apply?

Matter of Rodriguez, 25 I&N Dec. 784 (BIA 2012). Section 212(h) of the INA1 is an important waiver of crimes-based grounds of inadmissibility.

Crimes and categorical approach Waivers BIA appeals BIA Direct PDF

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ASISTA Practice advisory Sep 7, 2012

ASISTA Practice Advisory: U Update: Cap Queue and DACA Derivatives Practice Pointers (September 7, 2012)

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