Immigration is an area of practice with very high levels of complexity and consequences, and in no part of that practice is this more evident than when analyzing and responding to the collateral immigration consequences of criminal activity.
Criminal defense attorneys must be able to foresee the potential consequences to any client who is not a U.S. citizen. Will potential pleadings or sentences put their client on the radar of ICE? What will be the likelihood of the client becoming subject to ICE detention? Will the client become inadmissible to or deportable from the U.S.? How will the client's potential immigration claims be affected-both affirmative and/or defensive? Will the client be able to safely travel? And what do all of these terms mean? Similarly, immigration attorneys must know how to apply the same analysis on their end in order to be able to outline all of the potential scenarios applicable, and the risks and benefits attendant to each in order to effectively represent clients who have been charged with criminal activity in their cases before the U.S. Department of Homeland Security or the Immigration Courts.
This course, led by attorneys Matthew Blaisdell and Joshua Paulson, will provide an overview of the main immigration consequences of criminal activity, explain what both criminal defense attorneys and immigration attorneys should look for and how to proceed.
- Discuss the requirements that Padilla v. Kentucky places on criminal defense attorneys in advising clients of potential immigration consequences
- Explore fundamental concepts such as "status," "inadmissibility," "removability," and "conviction"
- Identify both the categories of immigration consequences of criminal activity and the bars to relief that may flow from criminal activity
- Understand how to look for immigration consequences during an intake, how to identify potential pitfalls regarding ICE detection and harmful admissions, how to develop a strategy to mitigate the immigration consequences, and basic issues regarding plea bargaining and sentencing