Immigration
From Reentry
Contents |
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Self-Help Materials
Got a Record? Know Your Rights: Immigration
- Fact sheet from the Michigan Bar explaining rights of immigrants with criminal records.
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Legal References
Immigration Consequences of Criminal Conviction Immigration: A Reference Chart
- An Overview of the immigration consequences of different types of convictions.
Immigration Consequences of Criminal Convictions Powerpoint Presentation
- Training materials designed to educate criminal defense attorneys regarding the immigration consequences of criminal convictions. Available as a Powerpoint Presentation.
An OWI Conviction May Bar International Travel
- How convictions can affect international travel. See page 5 within pdf.
Proceed with Caution: Immigration Consequences of Criminal Convictions
- Overview of immigration consequences.
The Immigration Consequences of Juvenile Delinquency
- (Please note: login is required, however it is possible to register without paying a fee)
Audio podcast explaining what a juvenile delinquency disposition is, whether there are immigration consequences to a delinquency disposition, how to obtain records of delinquency dispositions and special considerations when representing minors.
The Immigration Consequences of Delinquency and Crimes
- (Please note: login is required, however it is possible to register without paying a fee)
An an analysis of juvenile delinquency dispositions in the context of immigration law.
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Court Decisions
Padilla v. Kentucky (U.S. 2010)
- Legal permanent resident of the U.S. claimed that he was denied effective assistance of counsel under the Sixth Amendment, because his defense counsel failed to inform him of the possible immigration consequences of a guilty plea. (Petitioner pleaded guilty to a drug trafficking offense.) The Supreme Court held that counsel must inform a client if his plea carries a risk of deportation; therefore, petitioner's constitutional rights were violated.
- For an analysis of the oral arguments, see Cornell University's Legal Information Institute page on Padilla v. Kentucky.
- SCOTUSWiki, the wiki for the Supreme Court, also has a page dedicated to Padilla v. Kentucky.
- For more information, see Bender's Immigration Bulletin.
Nguyen v. Holder (6th Cir. 2009)
- The Board of Immigration Appeals issued an order to remove an immigrant from the U.S. for committing a "crime of violence." Upon review, the 6th Circuit held that theft of an automobile under the California grand theft statute is not a "crime of violence."
Morales-Garcia v. Holder (9th Cir. 2009)
- The court in Morales considers whether a conviction under the California Penal Code for abuse of a cohabitant is categorically a crime involving moral turpitude."
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Resources
Defending Immigrants Partnership
- Extensive information for defense attorneys on how to represent non-citizen defendants in criminal proceedings so as to mitigate immigration consequences.
American Immigration Lawyers Association
- The immigration consequences of criminal convictions are very complex. The American Immigration Lawyers Association website will help you find an immigration attorney in your area, and also contains a wealth of other immigration-related information.
- On-line network supporting legal advocates working on immigrants rights.
- Organization offering information on education, law, and policy issues relevant to immigrants.
Immigrant Legal Resource Center
- A non-profit resource center that provides legal trainings, educational materials, and advocacy to advance immigrant rights.
- National organization that provides legal assistance and technical support to immigrant communities, legal practitioners, and advocates seeking to advance the rights of non-citizens.
Administrative Office of U.S. Courts, Office of Defender Services
- Immigration and Collateral Consequences of Criminal Convictions.
Michigan immigration resources
- Guide to Michigan agencies providing immigrant services.
- Focuses on immigration issues related to NY convictions, but also has very helpful general resources on immigration consequences of convictions.
- A daily bulletin dedicated to immigration issues and the laws affecting immigration.