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TOOBY's GUIDE to CRIMINAL IMMIGRATION LAW: HOW CRIMINAL and IMMIGRATION COUNSEL CAN WORK TOGETHER in CRIMINAL CASES to PROTECT IMMIGRATION STATUS (2008) by N

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TOOBY's GUIDE to CRIMINAL IMMIGRATION LAW: HOW CRIMINAL and IMMIGRATION COUNSEL CAN WORK TOGETHER in CRIMINAL CASES to PROTECT IMMIGRATION STATUS (2008) by N Read This First The information in this book is as up-to-date and accurate as we can make it. But it’s important to realize that the law changes frequently, as do procedures. It is up to you to be sure that all information you use – including the information in this book – is accurate. Here are some suggestions to help you: First, make sure you’ve got the most recent edition of this book. To learn whether a later edition is available, go to our bookstore at www.NortonTooby.com or call our office at 510-601-1300. Next, even if you have a current edition, you need to be sure it’s fully up to date. The law can change overnight. At www.NortonTooby.com, we post notices of major legal and practical changes that affect the latest edition of each book, keyed to the specific section number (e.g., § 5.19). To check for updates, find your book in the Premium Member area and then click the book’s title. Check back regularly. Finally, while we believe accurate and current legal information should help you answer many of your legal questions, this text is not a substitute for reading the cases and authorities yourself to verify they apply to the facts of your case. It is also important to see whether and how the law has changed since the text or update was written. If you are doing your own research, you will need personalized advice from a knowledgeable lawyer. If you want the help of a trained professional, consult an attorney licensed to practice in your state or before the immigration courts. For suggestions on finding competent counsel, see § 3.1 in the text. Tooby’s Guide to Criminal Immigration Law i Table of Contents Preface .....................................................................................................................iii Acknowledgments ................................................................................................... iv Chapter 1: Introduction § 1.1 Mission.................................................................................................. 1 § 1.2 The Problem.......................................................................................... 2 § 1.3 Basic Procedure..................................................................................... 3 § 1.4 Significance of State Law ..................................................................... 4 Chapter 2: Investigation § 2.1 Goals ..................................................................................................... 7 § 2.2 Sources of Information ....................................................................... 13 § 2.3 Immigration Status Checklist.............................................................. 16 § 2.4 Language and Culture ......................................................................... 19 § 2.5 Prior Criminal History ........................................................................ 29 § 2.6 Current Criminal Case ........................................................................ 31 § 2.7 Chronology.......................................................................................... 32 Chapter 3: Consultation § 3.1 Finding Counsel .................................................................................. 37 § 3.2 Topics.................................................................................................. 45 § 3.3 Immigration Consequences................................................................. 48 § 3.4 Balancing Criminal and Immigration Goals....................................... 51 § 3.5 Conviction........................................................................................... 58 § 3.6 Nature of Conviction........................................................................... 61 § 3.7 Damaging Admissions and Conduct................................................... 66 § 3.8 Pre-Conviction Strategy...................................................................... 68 Chapter 4: Criminal Procedure § 4.1 Release from Custody ......................................................................... 71 § 4.2 Plea...................................................................................................... 80 § 4.3 Litigation........................................................................................... 101 § 4.4 Sentence ............................................................................................ 109 § 4.5 Probation Violation Proceedings ...................................................... 123 § 4.6 Juvenile Proceedings......................................................................... 127 ii Tooby’s Guide to Criminal Immigration Law Chapter 5: Post-Conviction Relief § 5.1 Immigration Effects of Post-Conviction Relief ................................131 § 5.2 Evaluation of Chances.......................................................................135 § 5.3 Requirements for Success .................................................................135 § 5.4 Procedural Vehicle............................................................................135 § 5.5 Grounds of Invalidity ........................................................................138 § 5.6 Safe Havens.......................................................................................148 § 5.7 Equities..............................................................................................149 § 5.8 Risks of Worse Outcome ..................................................................149 § 5.9 Cooperation With Successor Counsel...............................................151 Chapter 6: Ending the Criminal Case § 6.1 Final Immigration Consequences......................................................155 § 6.2 Travel Advice....................................................................................157 § 6.3 Illegal Re-Entry Exposure.................................................................158 Chapter 7: Immigration Proceedings § 7.1 Substantive Immigration Law...........................................................163 § 7.2 -- Deportation....................................................................................165 § 7.3 -- Inadmissibility ...............................................................................167 § 7.4 -- Relief in Immigration Court..........................................................170 § 7.5 Removal Procedure ...........................................................................171 § 7.6 -- Detention .......................................................................................173 § 7.7 -- Hearing ..........................................................................................177 § 7.8 -- Appeal............................................................................................183 § 7.9 -- Review in Circuit Court ................................................................185 § 7.10 -- Motions to Reopen and Reconsider...............................................185 Appendix A: Intake Information Form.................................................................189 Appendix B: Safe Plea Checklist .........................................................................195 Appendix C: Safe Sentence Checklist..................................................................196 Appendix D: Post-Conviction Evaluation Checklist............................................198 Appendix E: Resources ........................................................................................199 Appendix F: Definitions .......................................................................................201 Appendix G: Illustrative Examples ......................................................................205 Appendix H: Aggravated Felony Checklist .........................................................211 Other Resources....................................................................................................213 Subject Matter Index ............................................................................................221 About the Law Offices of Norton Tooby The Law Offices of Norton Tooby is committed to assisting immigrants to avoid unnecessary and unjust removal from the United States on account of criminal cases, by providing excellent and up-to-date information and legal services. Legal Services: • Consulting in Cases Arising Anywhere In the United States • Identifying Safe Haven Guilty Pleas that Will Not Cause Removal • Evaluating of Chances of Post-Conviction Relief • Obtaining Post-Conviction Relief for Immigrants Practice Manuals: • National Publications: TOOBY'S GUIDE TO CRIMINAL IMMIGRATION LAW: HOW CRIMINAL AND IMMIGRATION COUNSEL CAN WORK TOGETHER IN CRIMINAL CASES TO PROTECT IMMIGRATION STATUS (2008) by N. Tooby TOOBY'S CRIMES OF MORAL TURPITUDE (2008) by N. Tooby, J. Rollin & J. Foster CRIMINAL DEFENSE OF IMMIGRANTS (2007) by N. Tooby & J. Rollin AGGRAVATED FELONIES (2006) by N. Tooby & J. Rollin SAFE HAVENS: HOW TO IDENTIFY AND CONSTRUCT NON-DEPORTABLE CONVICTIONS (2005) by N. Tooby & J. Rollin POST-CONVICTION RELIEF FOR IMMIGRANTS (2004) by N. Tooby • California Publications: CALIFORNIA POST-CONVICTION RELIEF FOR IMMIGRANTS (2008) by N. Tooby CALIFORNIA EXPUNGEMENT MANUAL (2002) by N. Tooby Website: www.NortonTooby.com This website contains America's largest knowledge base of legal information concerning (a) immigration consequences of criminal cases, (b) criminal defense of immigrants, and (c) post- conviction relief for immigrants. The Free Area of the
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