Curriculum for "Immigration Consequences of Criminal Convictions: Problems,
Solutions and Best Practices"
The following is the curriculum for "Immigration Consequences of Criminal
Convictions: Problems, Solutions and Best Practices"
FIRST Phone Session on January 23: What is a "conviction" and how to avoid
its immigration consequences?
- How does the INA define "conviction"?
- How do the BIA and courts interpret "conviction"?
- Exceptions: Are there any exceptions?
- Diversion and deferred adjudications
- Expunged convictions and Federal First Offenders Act (FFOA)
- Juvenile/youthful offender offenses
- Vacations
- Pardons
Hypo: How can a conviction be avoided (pre-plea diversion), and what ways
exist to render a conviction ineffective for immigration purposes?
SECOND Phone Session on February 13: How to analyze the immigration
consequences of a given conviction?
- Determine the elements to be proved under a state or federal criminal
statute
- Determine the range of immigration violations triggered by a
conviction having such elements
Hypo: Conducting a pre-plea consultation with criminal defense counsel
- Determine the parts of the record of conviction that will be examined
later
- Construct a "safe plea" to a harmless statute or to a harmless
provision of a divisible statute
Hypo: Applying the analytical method: selected grounds for deportation for
analysis
- Crimes of domestic violence
- as a crime involving moral turpitude (CIMT)
- as a crime of violence
- as a crime of domestic violence
- Possession of a controlled substance
- as a controlled substance
- as an aggravated felony
- Fraud
- as a CIMT
- as an aggravated felony involving a loss over $10,000
THIRD Phone Session on March 20: Relief from conviction-based deportability
under the immigration laws and what post-conviction actions may be needed
to establish eligibility?
- Relief from removal in immigration court. Eligibility for asylum,
Violence Against Women Act (VAWA), cancellation and other relief
- Post conviction relief in criminal court
- Vacating guilty pleas
- Modifying sentences
Hypo: How can a conviction or sentence be ameliorated to avoid
ineligibility for relief from removal?
For more info, including detailed curriculum, speaker bios, and
registration information online, click here.
For more info, including detailed curriculum, speaker bios, and
registration information by fax, click here.
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