The following guidelines are excerpts of the suggestions and presentation by Manuel D. Vargas, New York State Defenders Association, at the 1998 NLADA Annual Conference in San Antonio, Texas.

Always inquire about citizenship status. The immigration consequences may be more serious than the crime charged.

Immigration consequences for convictions or other dispositions vary based upon a defendant’s immigration classification. There are four general categories:

1) lawful permanent residents; 2) refugees and persons granted asylum; 3) noncitizens who may be eligible for permanent resident status, asylum, or other removal protection; and 4) noncitizens who will be unable to avoid removal. The four categories above do not address all potential issues.

Focus on Avoiding Deportation and Exclusion

A criminal conviction under the immigration laws places your client’s lawful permanent residence status at risk. Your client’s right to remain in the United States, as well as their ability to become a U.S. citizen can be in danger.

If your client cannot avoid a deportable or excludable disposition, you still might prevent removal from the U.S. by avoiding dispositions that make them ineligible for any relief from removal. If so, your client probably wishes to avoid a disposition that precludes citizenship in the future.

Sugggested Approach In Criminal Cases

First, try to avoid a disposition that triggers deportation OR that triggers exclusion.

If you cannot do the first, and your client has resided in the U.S. for over seven (7) years (or, in some cases, will have seven (7) years before being placed in removal proceedings), try to avoid a conviction for an "aggravated felony." This could preserve possible eligibility for the relief of cancellation of removal, or the so-called 212(h) waiver of admissibility.

If you cannot do either of the above, but your client’s life or freedom would be threatened if they were removed, try to avoid convictions for a "particularly serious crime" to preserve potential eligibility for the relief of withholding removal.

If your client can avoid removal, they might also want to obtain a

Crimes Involving Moral Turpitude

The term "moral turpitude" is a term-of-art, which case law defines very broadly. More importantly, it refers to misdemeanors as well as felonies. It includes, but is not limited to:

1) crimes that require proof of an intent to steal or intent to defraud;

2) crimes where bodily harm is

Continued on Page Two-See Immigration
CAA Alert
Half of Arpaio’s Bookings Are City of Phoenix Misdemeanors

The Maricopa County Board of Supervisors announced it is looking for ways to reduce county jail bookings. It hopes for an annual reduction of 200 pretrial detainees.

The Maricopa County Jail Population Management Efforts Annual Report cites a 1994 study that states 47% of all Maricopa County Jail bookings are for misdemeanor prisoners from the City of Phoenix Municipal Court.

Go To Page Two