Michigan Reentry Law Wiki

Immigration

From Reentry

Contents

Self-Help Materials

Got a Record? Know Your Rights: Immigration

Fact sheet from the Michigan Bar explaining rights of immigrants with criminal records.

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.

Criminal Immigration: The Consequences of Criminal Convictions on Non-US Citizens

A State Bar Journal article explaining the various immigration consequences of criminal convictions.

Immigration Law Update: What You Need to Know Now

A State Bar Journal article explaining developments in immigration law, including the immigration consequences of criminal convictions and pleas.

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.
SCOTUSBlog, a cite tracking information about Supreme Court cases, also has a page dedicated to Padilla v. Kentucky.
For more information, see Bender's Immigration Bulletin.

Chaidez v. United States (U.S. 2013)

The Supreme Court held that Padilla's requirement that counsel inform a client that his plea carries a risk of deportation does not apply retroactively.

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."

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.

Immigration Advocates Network

On-line network supporting legal advocates working on immigrants rights.

American Immigration Council

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 Immigration Project

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.

NY Immigrant Defense Project

Focuses on immigration issues related to NY convictions, but also has very helpful general resources on immigration consequences of convictions.

Bender's Immigration Bulletin

A daily bulletin dedicated to immigration issues and the laws affecting immigration.



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