Tools for Determining Client Status
Immigration Consequences of Select Crimes
Common Issues in Representing Non-Citizen Defendants
Important Resources for Case-Specific Assistance
National Immigrant Justice Center's Defenders Initiative
- Padilla v. Kentucky, 130 S.Ct. 1473 (2010)
- How Federal Convictions Will Impact Your Clients' Immigration Status - Looking Closer at Padilla (Video Presentation)
by Mary Kramer, Esq., Law Offices of Mary Kramer, Miami, FL, author of the book "Immigration Consequences of Criminal Activity"
(This video presentation examines the implications of Padilla and outlines an approach for determining the immigration consequences of a conviction.) - Practicing After Padilla: Where Do We Go From Here
by Francisco "Frank" Morales, Assistant Federal Public Defender, S.D. TX
(This article discusses approaches for ensuring that clients are receiving the fullest and most competent legal advice regarding the impact of a plea on their immigration status, as required by Padilla v. Kentucky.) - Representing Non-Citizens After Padilla
by Jodi Linker, Assistant Federal Public Defender, Northern District of California; and Eleni Wolfe-Roubatis, Esq., National Immigrant Justice Center
(analyzing Padilla and explaining defense counsel's obligations to advise non-citizens on the consequences of convictions)
- Office of Immigration Litigation Issues Reference Guide to Immigration Consequences of Crime in Response to Padilla v. Kentucky
(In view of the Supreme Court's decision in Padilla v. Kentucky, the DOJ Civil Division Office of Immigration Litigation has prepared a comprehensive overview of the provisions of the Immigration and Nationality Act that are relevant to non-citizens facing conviction. The overview is intended to assist interested parties in understanding the potential immigration consequences of a plea to criminal charges.) - Immigration Consequences of Criminal Offenses: Advice Post- Padilla v. Kentucky
by Eleni Wolfe-Roubatis, Esq., National Immigrant Justice Center, Chicago, Illinois - A Defending Immigrants Partnership Practice Advisory: Retroactive Applicability of
Padilla v. Kentucky
by Dan Kessellbrenner, National Immigration Project of the National Lawyers Guild
- Client Immigration Questionnaire for Non-Citizen Defendants
National Immigration Project of the National Lawyers Guild
(Form designed to obtain the facts necessary for defense counsel, in consultation with an immigration expert, to determine current immigration status, possible immigration relief, and immigration consequences of a conviction) - Immigration Status Checklist
National Immigration Project of the National Lawyers Guild
(Form, in English and Spanish, for use in client interview) - Intake Information Sheet (English)
Law Offices of Norton Tooby, Oakland, CA
(Form designed to obtain the facts necessary for an immigration expert to determine current immigration status, possible immigration relief, and immigration consequences of a conviction; includes glossary of terms) - Intake Information Sheet (Spanish)
Law Offices of Norton Tooby, Oakland, CA
(Form designed to obtain the facts necessary for an immigration expert to determine current immigration status, possible immigration relief, and immigration consequences of a conviction; includes glossary of terms)
- Basics of the Immigration Consequences of Criminal Convictions
by Tova Indritz, NACDL Immigration Committee; & Dan Kesselbrenner, Director, National Immigration Project of the National Lawyers Guild
(PowerPoint outlining potential impact of pleas on client's immigration status) - Grounds of Deportability & Inadmissibility Related to Crimes
by Katherine Brady, Staff Attorney, Immigrant Legal Resource Center, San Francisco, CA; & Dan Kesselbrenner, Director, National Immigration Project of the National Lawyers Guild
(This detailed analysis describes the types of convictions that can impact a non-citizen's ability to remain or enter the United States.) - Select
Immigration Consequences of Certain Federal Offenses
by Dan Kesselbrenner & Sandy Lin (National Lawyer's Guild National Immigration Project )
- Immigration Raids
(Many of the immigration issues highlighted in the materials above arise in the context of workplace raids conducted by ICE. For more materials on prosecutions arising from workplace raids, see our Immigration Raids page.) - Challenging the Barriers to Bail for Noncitizens
(providing arguments for obtaining bail despite the defendant's alleged unlawful presence in the U.S.)
by Ingrid V. Eagly, UCLA School of Law - Materials for Understanding Judicial Orders of Removal in the Sentencing of Non-Citizen Criminal Defendants
Compiled by Monica Ramirez, ACLU Immigrants' Rights Project
(These materials include: (1) statutory authority for issuing "judicial orders of removal" against non-citizen defendants at the time of sentencing; (2) a checklist identifying the requirements for the proper issuance of such orders; and (3) government guidance on "stipulated judicial deportation" and "judicial orders of removal.") - Immigration Consequences of Criminal Offenses: Bond and Practical Considerations in the Federal Context
by Eleni Wolfe-Roubatis, Esq., National Immigrant Justice Center, Chicago, Illinois - How to Obtain and Post an Immigration Bond: A Guide for Non-Citizens in Detention
by the National Immigrant Justice Center, Chicago, Illinois
(step-by-step guide outlining eligibility for an immigration bond, process for obtaining bond, the bond hearing, and payment of bond)
- National Immigrant Justice Center's Defenders Initiative
(The Office of Defender Services has established a partnership with Heartland Alliance's National Immigrant Justice Center (NIJC) to provide training and resources to CJA practitioners around the country on immigration-related issues. Federal defenders and CJA panel attorneys can call NIJC's Defenders Initiative at (312) 660-1610 or e-mail defenders@heartlandalliance.org with questions regarding potential immigration issues affecting their clients. An NIJC attorney will respond to the inquiry within 24 business hours. Downloadable practice advisories and training materials are also available on NIJC's website.)
- Immigration Project of the National Lawyer's Guild
(The National Immigration Project provides legal resources on the immigration consequences of crime and fields case-specific inquiries for members about the impact of a conviction on a client's immigration status.)
- Immigrant Defense Project
(IDP's website provides access to practice advisories and other resources regarding the immigration consequences of conviction.)
- AILA Immigration Lawyer Directory
(Searchable database for finding an immigration lawyer)