SUBJECT-MATTER INDEX

Transcription

1 SUBJECT-MATTER INDEX Immigration Consequences of Criminal Activity, Fifth Ed. A AAO. See Administrative Appeals Office Abuse. See Child abuse; Domestic violence Abuse of discretion standard of review, 25 ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) immigration law enforcement, 173 Accurint tool in criminal-alien law practice, 32, 594 Adam Walsh Child Protection and Safety Act of 2006 failure to register as sex offender, Addicts controlled substance offenses, 326 ground for deportation, 326 Address, change of registration requirement, 341, 343, 410 Adjustment of status generally, advance parole, 7 aggravated felony offenses, , 429 alien smuggling charges, arriving aliens, defined, 156, 424 discretionary relief, 27 28, , domestic violence offenses, 401 2, export violations, , 431 failure to register, 410 falsification of documents, 410 firearms offenses, , forms, fees, and attachments, ground of inadmissibility, jurisdiction, money laundering offenses, moral turpitude, crimes of, Notice to Appear, permanent and non-permanent residents, availability, 426 registration offenses, 431 section 212(c) waiver in conjunction with, 486 section 212(h) waiver in conjunction with, 438 U status, 578, visa fraud, , 431 Administrative Appeals Office (AAO) overview, T status, denial of, 571 Administrative orders, challenge to as defense to criminal charge of re-entry after removal, Administrative Procedure Act rulemaking procedure, 212 Admissions to prosecutor, required for diversion advice to client about, 533 effect of, Advance parole adjustment of status, 7 Adverse immigration consequences, avoiding federal first offender treatment, juvenile delinquency, 534 methods to, petty-offense exception, pretrial diversion, AEDPA. See Antiterrorism and Effective Death Penalty Act of 1996 A-file with DHS, 12 FOIA requests, 33 method of agencies locating client, 170 Africa temporary protected status (TPS), 7 Agencies, government locating clients with criminal convictions by, overview, Aggravated assault moral turpitude, crimes of, 266, 267, 269 plea, 540, 555 Aggravated felonies. See also specific offenses adjustment of status, , 429 alien smuggling, 407 plea, 544 relief from, asylum and withholding of removal, , attempts, cancellation of removal, 551 case law, classification of crimes, consequences of conviction, , 421, conspiracy, 275, Convention Against Torture (CAT), 385

2 Aggravated felons, expedited removal of IMMIGRATION CONSEQ. OF CRIMINAL ACTIVITY, FIFTH ED. crimes of violence, , definition of, , deportability/removability, 382, federal, state, and certain foreign convictions, 275 felony requirement, firearms offenses, inadmissibility, adjustment of status, and visa eligibility, judicial review of particularly serious crime determination, loss to victim in excess of $10,000, 543 LPRs and waivers, mandatory detention, 382, , 541 misdemeanors treated as, modified categorical approach, moral turpitude, crimes of, 266 naturalization, , non-elemental facts, 244 not crimes of violence, offenses that depend on amount of funds involved, offenses that depend on commercial advantage, 316 offenses that depend on sentence imposed, 313 pardons, 108 personal use exception, plea to avoid, 551 political offense exception, 385 section 212(c) waiver, sentence for, term of imprisonment, theft offenses, 261 voluntary departure, , Aggravated felons, expedited removal of overview, relief from, Aggravated fleeing and eluding plea, 541 Aggravated stalking moral turpitude, crimes of, 268 plea, 541 Aiding and abetting classification of crime, 244 controlled substance offense, 544 moral turpitude, crimes of, AILALink tool in criminal-alien law practice, 33 AILA.org tool in criminal-alien law practice, 33 Alabama detention centers, 48 Alien smuggling adjustment of status, 406 7, 502 aggravated felony, 274, , , 407, asylum and withholding of removal, consequences of, , , 422 Convention Against Torture (CAT), 409 crime of, defined, 339 deportability/removability, , 407 immediate family member, exception for, 339, inadmissibility, adjustment of status, and visa eligibility, mandatory detention, 407 moral turpitude, crimes of, 273 naturalization, plea, 544 relief, aggravated felony, asylum and withholding of removal, cancellation of removal, 501, 502 deportability and inadmissibility, absent a conviction, naturalization, 503 section 212(c) waiver, 502 section 212(h) waiver, 502 waiver, voluntary departure, 408 American citizens derivative citizenship, at birth, citizenship at, children born outside U.S., LPRs, 2 requirements for, 2 3 status of, 2 3 Amnesty programs adjustment of status, 156. See also Adjustment of status reinstatement of removal, Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) key legislation, 35 retroactive application of, section 212(c) waiver, 160, , Appeals AAO. See Administrative Appeals Office Attorney General review, BIA. See Board of Immigration Appeals bond determination, 199 automatic stay during, federal judicial review, Office of Chief Counsel, 16 petitions for review to Court of Appeals, removal proceedings, T status, denial of, 571 Applicants for admission inadmissibility, American Immigration Lawyers Association

3 SUBJECT-MATTER INDEX AR-11 form change of address, 341, 343, 410 Arizona detention centers, immigration courts and judges, 68 Offices of Chief Counsel, 36 REPAT program, 169 Armed Criminal Career Act of 1984 (ACCA) classification of crimes, 237, 402 Arrest at border, upon termination of sentence, 14 while out in community, 14 Arriving aliens adjustment of status, jurisdiction over custody issues, pleas, 554 smuggling. See Alien smuggling voluntary departure, 489, 490 Arson moral turpitude, crimes of, 269 plea, 540 Assault with deadly weapon, 267 on law enforcement officer, 268 moral turpitude, crimes of, not crime of violence, 303 plea, 540 Asylum adjustment of status, 156. See also Adjustment of status aggravated felony conviction as bar to, , , 542 alien smuggling charges, 408 9, controlled substance offenses and, Convention Against Torture (CAT) compared, 6 7 defined, 5 domestic violence offenses, entry without inspection, 10 export violations, 419 failure to register, 414 filing fee exception, 21 firearms offenses, 395 immigration status, 5 7 money laundering, 400 moral turpitude, 376 Notice to Appear, 18 referral of petition, 18n51 relief under, section 209(c) waiver, standard of review, 25 temporary protected status (TPS), 7 visa fraud, Visa Waiver Program (VWP), 5 Battered spouse withholding of removal distinguished, 6 Athletes nonimmigrant visa holders, 4, 157 Attempt. See also specific offenses aggravated felony, 275, controlled substance cases, Attempted murder moral turpitude, crimes of, 267 Attempted possession of stolen property aggravated felony, 311 Attorney General discretionary waivers, 449 EOIR, 12 invocation of custody rule, review, temporary protected status (TPS), 7 Attorneys defense and immigration counsel, importance of working as team, 554 immigration client checklist, Legal Net, 610 notice of appearance of counsel, 22 removal proceedings, right to, 19 tools and strategies for criminal-alien law practice, Authority over immigration law enforcement. See Government agencies; specific agencies Automatic stay during appeal of bond hearing, Automobiles. See Vehicles B Background checks. See Biometrics and background checks Bad checks, passing of moral turpitude, crimes of, 262 Bahamas tourists and temporary workers from, 4 Bail posting early in criminal process, importance of, 170 Bail jumping aggravated felony, 275 Battered child. See Child abuse Battered spouse adjustment of status, 156. See also Adjustment of status cancellation of removal, 463 deferred action, 8 9 review of petitions, American Immigration Lawyers Association 659

4 Battery IMMIGRATION CONSEQ. OF CRIMINAL ACTIVITY, FIFTH ED. waiver application, 433, 434, 463, Battery on law enforcement officer, 268 moral turpitude, crimes of, 268, 269 plea, 540 sexual battery, 304 Bermuda tourists and temporary workers from, 4 Beyond a reasonable doubt standard for conviction defined, 98 BIA. See Board of Immigration Appeals Biographic form, G-325 S status, 565 Biographic form, G-325A adjustment of status, 600, 601 Biometrics and background checks convictions, 160 fees, 21, 599, 608 immigration applications requiring, 170, locating clients with criminal convictions, 170 Birth citizenship at, Board of Immigration Appeals (BIA) attorney general review, contact information, 66 notice of appeal requirements, 22 overview, 16 removal proceedings, review after BIA appeal, 24, Bonds, posting of agency arrests and detention, arriving aliens, automatic stay and, client held in detention, 170 deportable respondents, EWI, 206 hearings before Immigration Judge on, 199, 210 Border arrest at, Customs and Border Protection (CBP), role of, Bribery commercial, 274, 313, 472 of witness, 274, 472 Burden of proof classification of crime, 243, post-conviction relief on merits (vacaturs), refugee or asylum status, withholding of removal, 6 removal proceedings, Bureau of Consular Affairs visa issuance, Bureau of Industry and Security export violations, 346 Burglary aggravated felony, 274, 311 classification of crimes, 237 moral turpitude, crimes of, 262, 538 plea, 538, 540 Business professionals nonimmigrant visa holders, 4, American Immigration Lawyers Association C California detention centers, immigration courts and judges, Offices of Chief Counsel, Canada tourists and temporary workers without visas from, 4 Cancellation of removal admission gained through fraud and, aggravated felonies, 551 alien smuggling charges, 501, 502 battered spouses, 463 continuous residence vs. LPR status, discretionary determination, eligibility for relief and, 457 immigration court filings, 607 ineligible individuals, NACARA 203, relief under, section 212(c) waiver, combined with, 457, 487 special rule, , 608 CAP (Criminal Alien Program) generally, 15 Caribbean tourists and temporary workers without visas from, 4 CAT. See Convention Against Torture Categorical approach classification of crimes, , 243, 245, 332, Cayman Islands tourists and temporary workers from, 4 CBP. See Customs and Border Protection CCA (Child Citizenship Act of 2000) generally, Change of address card registration requirement, 341, 343, 410 Change of status inadmissibility, 157

5 SUBJECT-MATTER INDEX Checklists for immigration clients, Child abuse battered children cancellation of removal, 463 deferred action, 8 9 waiver application, 433, crime of violence, , 403 moral turpitude, crimes of, sexual abuse, , 273, , , 547 Child born outside U.S. derivative citizenship, Child Citizenship Act of 2000 (CCA) generally, Child endangerment deportability, Childhood arrivals deferred action for, 9 Child pornography aggravated felony, 274 moral turpitude, crimes of, 271 Circumstance-specific approach classification of crimes, Citizenship. See Derivative citizenship Citizenship and Immigration Services. See USCIS Classification of crimes. See also specific offenses beyond moral turpitude and aggravated felonies, burden of proof, 243, immigration client checklist, under immigration law, methodology, burden of proof, 243 categorical approach, , 243, 245, 332 circumstance-specific approach, evidence, minimal (or least culpable) conduct approach, modified categorical approach, , 243, 266, 332 realistic probability test, , 247, 271 step-by-step methodology, moral turpitude, crimes of, , non-elemental facts, , overview, Clients background checks, running on, 594 confirmation-of-appointment letters, 34, 94 conviction records, family members. See Family members immigration client checklist, information sheet, Controlled substance offenses status of, defining, 1 11 tools and strategies for criminal-alien law practice, Coercion and intimidation as defense to criminal charge of re-entry after removal, 509 Colorado detention center, 51 immigration court and judges, 71 Offices of Chief Counsel, 38 Commerce Department export violations, 346 Commercial bribery aggravated felony, 274, 313 Confirmation-of-appointment letters as tool in criminal-alien law practice, 34, 94 Connecticut immigration court and judges, Office of Chief Counsel, Consequences of criminal act generally, aggravated felonies, alien smuggling, , 422 chart of, controlled substance offenses, , 421 domestic violence, 401 6, 422 export violations, , 422 firearms offenses, , , 421 money laundering offenses, , 422 moral turpitude, crimes of, , 422 visa/passport fraud, , 422 Conspiracy aggravated felony, 275, drug-related, 544 drug trafficking, moral turpitude, crimes of, Consular office waiver application, 504 5, Continuous residence LPR status distinguished, 442, Contributing to delinquency of minor plea, 277, 547 Controlled substance offenses aggravated felonies, 273, asylum and withholding of removal, consequences of, , 421 Convention Against Torture (CAT), 390 definition of, deportability/removability, 387 distribution without remuneration, drug abusers and addicts, 326 drug paraphernalia, , federal convictions, federal recidivist statute, American Immigration Lawyers Association 661

6 Convention Against Torture (CAT) IMMIGRATION CONSEQ. OF CRIMINAL ACTIVITY, FIFTH ED. inadmissibility adjustment of status, and visa eligibility, deportability compared to, 388 removability and, as independent grounds for, 319 waiver, 432 intent to use, 324 look-alike drugs, mandatory detention, moral turpitude, crimes of, 272, naturalization, Ninth Circuit variation on first offender/youthful offender provisions, other federal circuits on first offender/youthful offender provisions, pardons, 108 personal use exception, plea, 544, 550, 553, prescription drugs, 283 purchase of amount for personal use, reason to believe, 319, 325, second or subsequent offense for simple possession, simulated or imitation controlled substances, solicitation offenses, 322 state convictions, 279, , trafficking in, See also Drug trafficking crimes voluntary departure, 390 Convention Against Torture (CAT) aggravated felonies, 385 alien smuggling, 409 controlled substance offenses, 390 domestic violence offenses, 406 filing fee exception, 21 firearm offenses, 395 money laundering, 400 moral turpitude, crimes of, 378 visa/passport fraud, 415 withholding of removal under, 6 7, 385, 390, 395, 400, 406, 409, 415, 452, , 503 Conviction admissions to prosecutor, required for diversion, effect of, beyond a reasonable doubt standard, 98 credit for time served, 229 defined, diversion, expungements, FFOA expungements, finality of, 99 first offender/youthful offender provisions, 103, foreign convictions, juvenile delinquency, acts of, LPRs, 3 modification of sentence, postconviction relief, 119 Ninth Circuit variation on first offender/youthful offender provisions, nonimmigrant visa holders, 4 other federal circuits on first offender/youthful offender provisions, pardons, post-conviction relief on merits (vacaturs), , pretrial intervention, proof of convictions, record sealings, suspensions of sentence, 125 withholds or deferrals of adjudication, Cooperating witnesses mandatory detention, Cooperating witnesses, visas for generally, 4, 557 S status, adjustment to permanent resident status, under S status, conditions of status, deferred action, 8 9 family members, I-854 form, 560, parole, 566 regulations, statute, time to acquire, 566 tips and advice on, written commitment, 564 T status, annual cap, 570 application procedure, battered spouse, 8 deferred action, 8 extreme hardship, 568 family members, 570 final order of removal, nonimmigrant status, issuance of, pending immigration proceedings, 569 permanent residency, regulations, review, 17 revocation of status, 570 severe form of trafficking, defined, statute, 567 U status, American Immigration Lawyers Association

7 SUBJECT-MATTER INDEX adjustment of status, 578, battered spouse, 8 9 criminal activity, defined, 573 deferred action, 8 9 family members, 576, 581 filing, jurisdiction, 582 permanent resident status, regulation, removal proceedings, persons in, review, 17 statute, Counterfeiting aggravated felony, 274, 313, 472 currency or securities, plea, 553 goods, 263 Country-condition experts tool in criminal-alien law practice, 34 Country-condition sources of information (Websites) tool in criminal-alien law practice, 34 Credit card fraud moral turpitude, crimes of, 263 plea, 553 Crimes of violence. See Violence, crimes of Crime victims. See also Cooperating witnesses, visas for in crime of domestic violence, , 552 nonimmigrant visa holders, 4 Criminal activity. See also Classification of crimes aggravated felons, expedited removal of, relief from, Attorney General, invocation of custody rule, deportability, for criminal record holders, 153 distinguished from inadmissibility, inadmissibility adjustment of status, change of status, 157 for criminal record holders, 153 entry without inspection, good moral character, 158 naturalization, 158 parolees, 157 temporary protected status, 158 visa applicants at American embassies, 157 mandatory detention, 164, release from custody, Criminal Alien Program (CAP) generally, 15 Criminally reckless conduct crimes of violence, 266 Deportability moral turpitude, crimes of, 266 Criminal mischief plea of, 538, 540 Cuban Adjustment Act of 1966 adjustment of status, 601 review under, 17 Cuban citizens and nationals. See also Cuban Adjustment Act of 1966 order of supervision for, 9 unremovable status of, 216 Currency reporting violation plea, 554 Custody rule. See Transition Period Custody Rules (TPCR) Customs and Border Protection (CBP) application for waiver, 593 deferred inspections, 172 overview, parole, 7 8 re-entry after trip abroad, procedures for, 172 structure of (chart), 86 D Deadly weapons plea, 553 Deceit. See Fraud DED (deferred enforced departure) defined, 8 Deferrals of adjudication comparison with pretrial diversion, defined, Deferred action for childhood arrivals, 9 criminal conviction, effect on, 9 defined, 8 Deferred enforced departure (DED) defined, 8 Deferred inspections clients with criminal records at, 172 Delinquency of minor plea of contributing to, 277, 547 Department of. See name of specific department Deportability aggravated felons, expedited removal of, burden of proof, for criminal record holders, 153 domestic violence, export violations, 417 firearms offenses, American Immigration Lawyers Association 663

8 Deportation IMMIGRATION CONSEQ. OF CRIMINAL ACTIVITY, FIFTH ED. grounds for LPRs, convictions, 4 inadmissibility distinguished from, LPRs, convictions, 4 moral turpitude, overview, 195 pardons, section 212(c) waiver and, , Deportation Criminal Alien Program (CAP), 15 in absentia, 18, 510 naturalization as defense to, notice, 510 permission to reapply for admission after deportation or removal, permission to re-enter after, Form I-212 not required, re-entry after removal, stay of, withholding of removal, 6 Depositions removal proceedings, 19 Derivative citizenship at birth, citizenship at, children born outside U.S., LPRs, 2 parents as citizens, 2, 3 relief under, requirements for, 2 3 Destructive devices. See also Explosives defined, trafficking in, 274, 306 Detainer persons in penal custody to be provided, 14 Detention, mandatory. See Mandatory detention Detention centers list of, DHS. See Homeland Security, Department of Discretionary determinations. See also specific applications and waivers adjustment of status, federal judicial review, 27 28, 29, 197 Diversion pretrial, Divisible statutes aggravated felonies, 305, 311, 548 classification of crimes, , 240, 247 crime of domestic violence, 332, 333 drug trafficking, 280 firearm offenses, 305 moral turpitude, crimes of, 258, 270, 397, 537, 538 DOJ. See Justice Department Domestic violence. See also Battered spouse; Child abuse generally, 331 adjustment of status, 401 2, asylum and withholding of removal, child abuse, consequences of, 401 6, 422 Convention Against Torture (CAT), 406 definition of crime of, , 401 deportability/removability, 331, inadmissibility, adjustment of status, and visa eligibility, mandatory detention, 404 moral turpitude, crimes of, 269, 337 naturalization, 406 offenses, pardons, 108 plea, , protection orders, reckless, 303 victims, , 552 voluntary departure, DOS. See State Department Driving under influence. See DUI (driving under influence) cases Drug abusers/addicts. See Controlled substance offenses Drug paraphernalia BIA decision, controlled substance offenses, , plea, Drug trafficking crimes. See also Controlled substance offenses aggravated felonies, attempts, burden of proof, 282 charging phase vs. sentencing phase, 293 conspiracies, federal law, 273, felony classification, misdemeanors, plea, 546 prosecutorial discretion, reason to believe non-american citizen is drug trafficker, 325 state law, 284 DUI (driving under influence) cases crime of violence, moral turpitude, crimes of, , 539 plea, 539, 540 Duress as affirmative defense to criminal charge of reentry after removal, American Immigration Lawyers Association

9 SUBJECT-MATTER INDEX E EAR (Export Administration Regulations) export violations, 346 Electronic monitoring. See also Intensive Supervision Appearance Program alternative to detention, 201, 218, 230 Eligibility for relief cancellation of removal and, 457 naturalization, 552 plea, agreement and colloquy, section 212(h) and, 551 withholding of removal and asylum, El Salvador. See also Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA) reinstatement of removal, 167, 464 special rule cancellation of removal, temporary protected status (TPS), 7 Embassies abroad, forms of relief, 589, 610 memoranda of law before, visa applicants at, 12, 14 15, 157 waiver applications, 589, 610 Embezzlement aggravated felony, 312, 549 Employment adjustment of status, 600 authorization document, 9, 11 deferred action, 9 EAD, 11 order of supervision, 10 temporary protected status (TPS), 7 Entertainers nonimmigrant visa holders, 4, 503 Entry without inspection (EWI) adjustment of status, 439 bond hearing, 206 defined, 10 inadmissibility, mandatory detentions, removal proceedings, EOIR. See Executive Office for Immigration Review EOIR-27 form notice of appearance of counsel, 22 EOIR-29 form appeal to BIA, 22 EOIR-42A form waiver application, 607 Extreme hardship Equities cancellation of removal, section 212(c) waiver, 606 ERO. See Office of Enforcement and Removal Operations (ERO) Evidence. See also Burden of proof classification of crime, removal proceedings, 19 20, in support of waiver, applicant, evidence relating to, family members, evidence relating to, before immigration court, 595 EWI. See Entry without inspection Executive Office for Immigration Review (EOIR) BIA contact information, 66 contact information, Office of Chief Clerk, 66 overview, 12, rules of procedure, 16 Exhaustion of administrative remedies habeas petition, 210 Expert witnesses evidence from, 593 Explosives aggravated felony, 274, 306 defined, firearm offenses, Export Administration Regulations (EAR) export violations, 346 Export violations adjustment of status, , 431 asylum and withholding of removal, 419 consequences of, deportability/removability, , 417 inadmissibility and visa eligibility, , mandatory detention, 417 national security issues, naturalization, voluntary departure, 418 Expungements as convictions, under FFOA, Extortion crime of violence, 304 moral turpitude, crimes of, 269 Extreme hardship T status, visas for cooperating witnesses, 568 waiver applications, 433, 434, American Immigration Lawyers Association 665

10 Failure to appear F Failure to appear on felony change, 274 for service of sentence, 274 Failure to register adjustment of status, 410, 431 asylum and withholding of removal, 414 crimes involving, deportability/removability, 412 inadmissibility, adjustment of status, and visa eligibility, mandatory detention, 413 naturalization, 415 visa fraud and, voluntary departure, 413 Failure to register as sexual offender moral turpitude, crimes of, 270 Failure to stop and render aid after fatal car accident moral turpitude, crimes of, 269 False statements moral turpitude, crimes of, pleas, 554 Falsification of documents. See Fraud; Visa/passport fraud Family members alien smuggling, exception for immediate family member, 339, evidence in support, visas for cooperating witnesses S status, T status, 570 U status, 576, 581 Fastcase tool in criminal-alien law practice, 33 Federal Bureau of Investigation (FBI) rap sheet request, tool in criminal-alien law practice, 31, 594, 596n8 Federal First Offender Act of 1984 (FFOA) adverse immigration consequences, avoiding, expungements, state counterparts to, Federal judicial review arriving aliens, constitutionality, 197 detention during review of final removal order, discretionary determinations, 27 28, 29 habeas corpus, 29 30, 210 jurisdiction, IMMIGRATION CONSEQ. OF CRIMINAL ACTIVITY, FIFTH ED. particularly serious crime determination, petitions for review to Court of Appeals, REAL ID Act, review after BIA appeal, 24 Federal Rules of Civil Procedure habeas petitions under, 30 Fees adjustment of status, application for relief from removal orders, 21 BIA appeals, 22 biometrics, 21 removal proceedings, application for relief, 21, 22 Felonies aggravated. See Aggravated felonies moral turpitude, crimes of, 255 temporary protected status (TPS), 7 FFOA. See Federal First Offender Act of 1984 Filing fee. See Fees Fingerprinting. See Biometrics and background checks Firearms offenses adjustment of status, , as aggravated felonies, 305, 306 9, , 553 asylum and withholding of removal, 395 carrying concealed weapons, 273 consequences of, , , 421 Convention Against Torture (CAT), 395 crime of violence, 274 definition of firearm and destructive device, deportability/removability, inadmissibility and visa eligibility, 330, 392 mandatory detention, 394 moral turpitude, crimes of, 273 motion to terminate removal proceedings, 497 naturalization, non-elemental facts, 244 pardon, 108 plea, 547, 553 possession by felon, 307 reason to believe, voluntary departure, First offender, youthful offender provisions convictions, 103, Ninth Circuit variation on, other federal circuits on, Fleeing and eluding plea, 541 Fleuti doctrine elimination of, Florida detention center, American Immigration Lawyers Association

11 SUBJECT-MATTER INDEX immigration courts and judges, immigration law enforcement, 173n60 Offices of Chief Counsel, Force, use of. See Violence, crimes of Foreign convictions effect of, Forgery aggravated felony, 274, 472 Former Soviet-bloc countries. See also Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA) reinstatement of removal, 167, 464 special rule cancellation of removal, Fraud aggravated felony, 274, 313 amount of funds involved, 313, 543 crimes involving, , 313, 316 plea, 537, , 553 Freedom of Information Act (FOIA) requests A-file, obtaining, 33, 481 tool in criminal-alien law practice, 33 G G-325 form S status, 565 G-325A form adjustment of status, 600, 601 G-639 form FOIA requests, 33 Gambling aggravated felony, 274 Georgia detention centers, immigration court and judges, 73 Office of Chief Counsel, 39 Good moral character aggravated felonies, 380, 385 alien smuggling, 408, 409 controlled substance offenses, 390, 391 domestic violence convictions, 405, 406 firearms offenses, 395, 396 money laundering, moral turpitude, crimes of, , 379 naturalization, 158, 379, 385, 391, 395, 400, 406, 409, 415 visa/passport fraud, 414, 415 voluntary departure, , 390, 394, , 405, 414, 491 Government agencies. See also specific agencies locating clients with criminal convictions by, Hurricane Mitch overview, Green card holder. See Lawful permanent residents (LPRs) Guatemala. See also Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA) reinstatement of removal, 167, 464 special rule cancellation of removal, H Habeas corpus petitions federal judicial review, 29 30, mandatory detention, 210 Haitian Refugee and Immigrant Fairness Act of 1998 (HRIFA) adjustment of status, 602 reinstatement of removal, Harassment moral turpitude, crimes of, 268 Hardship extreme. See Extreme hardship to family members, waiver application, Hawaii immigration court and judge, Office of Chief Counsel, 40 Hearings bond hearings, 11, , 210 removal proceedings. See Removal proceedings video, 169 Homeland Security, Department of (DHS) adjustment of status, 432n35 admissions, making to officers of, 533 deferred action, 9 mandatory detention, 196 order of supervision, 10 overview, parole, 7, 9 waiver, 432n35 Honduras temporary protected status (TPS), 7 Hostage taking crime of violence, 304 Humanitarian efforts deferred action, 8 9 parole, 7 Hurricane Mitch temporary protected status (TPS), American Immigration Lawyers Association 667

12 I-94 card IMMIGRATION CONSEQ. OF CRIMINAL ACTIVITY, FIFTH ED. I I-94 card defined, 11 initial client meeting, 2 I-130 form adjustment of status, 600 I-140 form adjustment of status, 600 I-191 form waiver application, 605 I-192 form section 212(d)(3)(A) waiver, I-212 form permission to reapply for admission after deportation or removal, 616, 617 waiver application, 617, 618 I-246 form stay of deportation, I-485 form adjustment of status, 426, 563, 599, 601 waiver application, 604 I-601 form waiver application, 602, 603 I-602 form waiver application, 604 I-851 form Notice of Intent to Issue a Final Administrative Deportation Order, 161 I-854 form S status, 560, I-918 form U status, 572, I-929 petition U status, 581 ICE. See Immigration and Customs Enforcement Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) aggravated felonies, 273, 434 applicants for admission, 158 convictions, domestic violence and protection orders covered by, 337, 402 Fleuti doctrine eliminated by, 155 key legislation, 35 LPRs not retroactive for convictions prior to effective date, 155 special waiver rules for, Notice to Appear, 18 reinstatement after removal, 166, 168 removability, concept introduced by, 151 section 212(c), 465 section 303(b), text of, section 309, text of, suspension of deportation repealed by, 464 waiver applicability to LPRs, Illegal status generally, Illinois detention centers, immigration courts and judges, 74 Office of Chief Counsel, 40 Immigration Act of 1990 (IMMACT90) good moral character requirement, 383, 491 key legislation, 35 naturalization, 500 Immigration and Customs Enforcement (ICE) deferred action, 9 detention by, institutional removal cases, 169 Institutional Removal Program, 15 local police, Offices of Chief Counsel, order of supervision, 10 parole, 7 role of, state or federal detention, individuals in, 169 structure of (chart), 87 Immigration and Nationality Act of 1952 (INA) aggravated felonies, classification of crimes, 235 convictions, 97 98, 102 deportability, 20 derivative citizenship, 2 3 evidence at removal proceedings, good moral character, 158 inadmissibility, 151, 158 juvenile offenders and crimes of moral turpitude, 122 law of nationality and naturalization, 2 3 local police, 172 mandatory detention, nonimmigrant visa holders, 4 refugees, 5 reinstatement after removal, 164, 168 status under, 3 Visa Waiver Program (VWP), 5 Immigration court. See also Executive Office for Immigration Review (EOIR); specific types of proceedings contact information, forms of relief, 593 list of courts and judges, pretrial statements to, , section 212(c) waiver, section 212(h) waiver, 603 witness list, American Immigration Lawyers Association

13 SUBJECT-MATTER INDEX Immigration law violations moral turpitude, crimes of, 273, 422 Immigration status generally, 1 2 American citizen, 2 3 I-94 card, 11 illegal status, lawful permanent resident, 3 nonimmigrant visa holder, 4 5 present without inspection or admission or overstay, protective categories, 5 10 Imprisonment. See Sentence INA. See Immigration and Nationality Act of 1952 Inadmissibility adjustment of status, applicants for admission, burden of proof, change of status, 157 controlled substance offenses, deportability distinguished, entry without inspection, export violations, failure to register, good moral character, 158 ground of, adjustment of status, 424 LPRs, moral turpitude, crimes of, 368 naturalization, 158 pardons, parolees, 157 persons physically present in violation of law, petty offense exception, 372 scope of, , section 212(a)(2)(A), application of, section 212(c) waiver and, temporary protected status, 158 visa applicants at American embassies, 157 waiver of, Ineffective assistance of counsel Padilla v. Kentucky (2010), Infopass appointments on case status, 595 Initial admission seven years of continuous residence and, INS, legacy reorganization, 12 INS Operations Instruction (OI) 242.1(a)(22) deferred action, 8 Inspection, evasion of generally, 11 Justice Department (DOJ) Institutional Removal Program (IRP) generally, 15 prisoner removal, 169 Instrument, U.S., falsely making aggravated felony, 274 Intake sheets tool in criminal-alien law practice, 34 Intensive Supervision Appearance Program alternative to detention, , 231 Intent. See also specific offenses moral turpitude, crimes of, non-specific intent crime, recklessness. See Recklessness violence, crimes of, Interpreters need for, 614 Intimidation moral turpitude, crimes of, 269 Intoxication-related offenses. See DUI (driving under influence) cases Investors nonimmigrant visa holders, 4, 503 Involuntary manslaughter moral turpitude, crimes of, 267 not crime of violence, 303 Iowa detention centers, 54 IRP (Institutional Removal Program) generally, 15 ISAP (Intensive Supervision Appearance Program) alternative to detention, , 231 Jewish refugees from former Soviet Union unremovable status of, 216 Joyriding intent, plea, 537 theft offense, 310 Judges. See Immigration court Judicial review. See Federal judicial review Jurisdiction adjustment of status, custody issues, federal judicial review, nonimmigrant visa waiver, U status, 582 Justice Department (DOJ) appeals, overview, 12 J 2012 American Immigration Lawyers Association 669

14 Juvenile delinquency IMMIGRATION CONSEQ. OF CRIMINAL ACTIVITY, FIFTH ED. Juvenile delinquency adverse immigration consequences, avoiding, 534 convictions, effect of, moral turpitude, crimes of, 122 K Kentucky detention centers, 54 Kickbacks on government contracts moral turpitude, crimes of, 263 Kidnapping aggravated felony, 274 K nonimmigrant visas Form I-212 to waive existing removal order, 618 L Larceny moral turpitude, crimes of, Law enforcement officer, assault or battery on moral turpitude, crimes of, not crime of violence, 303 Lawful admission requirement for permanent residence, Lawful permanent residents (LPRs) adjustment of status, , 426. See also Adjustment of status citizenship by derivation, 2 3 continuous residence distinguished, 442, criminal convictions, effect of, 3 deferred action, 9 defined, 3 inadmissibility, lawful admission requirement, moral turpitude, crimes of, 536 refugee or asylum status, 6 seeking admission, status of, 3 U status, waiver under section 209(c), waiver under section 212(c), waiver under section 212(h) aggravated felony convictions, non-aggravated felony convictions, 441 Legal authority sources of, Legal Net section 212(d)(3)(B) waiver denials, contacting, 610 Legend drugs offenses involving, 320, 553 Legislation recent key pieces of, 35 Letters confirmation-of-appointment, 34, 94 LEXIS tool in criminal-alien law practice, 33, 594 Locating clients with criminal convictions biometrics and background checks, 170 immigration application, filing of, local police, methods for, probation or parole officers as source for, re-entry after trip abroad, 172 serving time in state or federal detention, Louisiana detention center, immigration courts and judges, Office of Chief Counsel, LPRs. See Lawful permanent residents American Immigration Lawyers Association M Mail fraud moral turpitude, crimes of, 263 Mail service Notice to Appear, 18 Mandatory detention generally, 164, aggravated felony conviction and, 382, 541 alien smuggling, 407 alternatives to, arriving aliens, 204 5, 555 bond hearings, charge of inadmissibility for crime of moral turpitude and, constitutionality of, 197 controlled substance offenses, cooperating witnesses, release of, deportable respondents and those who enter without inspection, domestic violence, 404 export violations, 417 failure to register, 413 falsification of documents, 413 firearms offenses, 394 invocation of custody rule,

15 SUBJECT-MATTER INDEX legal challenges to, money laundering, 398 moral turpitude, crimes of, , 536 non-mandatory detention cases, overview, 164 policy considerations, reasons to hold person without bond, 211 release from custody, releases on or before October 8, 1998, section 303(b) of IIRAIRA, text of, section 309 of IIRAIRA, text of, Transition Period Custody Rules (TPCR), 194, 225, 374n23 invocation of, by Attorney General, visa fraud, 413 Manslaughter moral turpitude, crimes of, 267 not crime of violence, 303 Marijuana offenses. See Controlled substance offenses Maryland detention centers, 55 immigration court and judges, 75 Office of Chief Counsel, 41 Massachusetts detention center, immigration court and judges, 75 Office of Chief Counsel, 41 Master calendar hearing defined, 20 Medicaid/Medicare fraud plea, 553 Medical evaluations tool in criminal-alien law practice, 33 Memoranda of law motion for post-conviction relief, in support of motion to terminate, USCIS or American Embassy, waiver applications, Mens rea. See Intent Mexico tourists and temporary workers without visas from, 4 5 Michigan detention centers, 56 immigration court and judges, Office of Chief Counsel, 42 Military service naturalization and, 3, Minimal (or least culpable) conduct approach non-elemental facts, Minnesota detention center, Moral turpitude. See also specific offenses immigration court and judges, 76 Office of Chief Counsel, 42 Minors. See also Child abuse delinquency of, contributing to, plea, 277, 547 sexual abuse of, , 273, , 547 Misdemeanors aggravated felonies, treated as, drug trafficking crimes, foreign convictions, 123 moral turpitude, crimes of, 255 not crime of violence, 303 sexual abuse of minor, temporary protected status, 7 violence, crimes of, 317 Misidentification defense of, 508 Misprision of felony moral turpitude, crimes of, plea, 544, 545, 546 Missing element statutes classification of crimes, Missouri immigration court and judges, 76 Office of Chief Counsel, 40 Modified categorical approach classification of crimes, , 243, 266, Money laundering adjustment of status, aggravated felony, 313, , 400, 401 amount of funds involved, 543 asylum and withholding of removal, 400 consequences of, , 421 Convention Against Torture (CAT), 400 deportability/removability, 398 findings of Court, inadmissibility, adjustment of status, and visa eligibility, mandatory detention, 398 moral turpitude, crimes of, 263, naturalization, plea, 541, 546 reason to believe, 331 state offenses, 397 voluntary departure, Moral turpitude. See also specific offenses adjustment of status and inadmissibility, admission of essential elements, aggravated felonies, 429 asylum and withholding of removal, avoiding conviction for crime involving, burden of proof, 243 classification of crimes, , American Immigration Lawyers Association 671

16 Motion to dismiss consequences of, , 421 Convention Against Torture (CAT), 378 defined, 254, deportability/removability, domestic violence offenses, 337, 402 elements of criminal statute as controlling, 255 eligibility for LPR status, 536 intent, juvenile offenders, 122 mandatory detention, , 536 multiple criminal convictions, , 421 naturalization, , 536 negligence vs. recklessness, non-elemental facts, 249 petty offense exception, 370, 402, 459 plea, political offense exception, , realistic probability test, 245 recklessness, 256, , 268, 296, 537 specific offenses as crimes involving, , See also specific offenses step-by-step classification methodology, violence, crimes of, , 296, 538. See also Violence, crimes of visa eligibility, inadmissibility, voluntary departure, youthful offender exceptions, 370 Motion to dismiss renewed motion to dismiss remaining charge and terminate proceedings, Motion to pretermit waiver application under Section 212(h), Motion to reopen postconviction relief on merits (vacaturs), 113, removal proceedings, 113 Motion to terminate removal proceedings, , 498 Motor vehicles. See Vehicles Multiple counts plea, , 555 Multiple criminal convictions crimes involving moral turpitude, , 421 Murder aggravated felony, 273, moral turpitude, attempted murder as crime of, 267 IMMIGRATION CONSEQ. OF CRIMINAL ACTIVITY, FIFTH ED. N N-400 form naturalization, 497 Nationality-based legalization program. See specific groups National security export violations, , 417 as grounds of inadmissibility, 507 Section 212(d)(3) waiver, 507 National Security Act sabotage and treason under, 274 Naturalization after section 212(c) waiver, 488 aggravated felonies, , , 542 alien smuggling charges, , 503 controlled substance offenses, as defense to deportation, termination of removal proceedings, domestic violence offenses, 406 eligibility for relief, 552 export violations, failure to register, 415 falsification of documents, firearms offenses, good moral character, 158, 498 memorandum in support of eligibility for, money laundering, moral turpitude, crimes of, , 536 Notice to Appear, 17 termination of removal proceedings, veterans and soldiers, visa fraud, Nebraska detention centers, 57 immigration court and judges, 76 Office of Chief Counsel, 42 Negligence vs. recklessness crimes of violence, 296 moral turpitude, crimes of, , 269 Nevada immigration court and judges, 76 Office of Chief Counsel, 37 New Jersey detention center, immigration courts and judges, 77 Office of Chief Counsel, 43 New Mexico detention center, 59 New York (city) immigration courts and judges, American Immigration Lawyers Association

17 SUBJECT-MATTER INDEX Pardons New York (state) detention centers, 59 immigration courts and judges, Offices of Chief Counsel, REPAT program, 169 Nicaragua temporary protected status (TPS), 7 Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA) adjustment of status, 437 reinstatement of removal, special rule cancellation of removal, Ninth Circuit first offender/youthful offender provisions, Non-elemental facts. See Classification of crimes Nonimmigrant visa holders adjustment of status, 156. See also Adjustment of status change of status, 157 criminal convictions, effect of, 4 defined, 4 5 status of, 2, 4 5 tourists and temporary workers from Caribbean, Canada, and Mexico, 4 5 Visa Waiver Program (VWP), 5 Nonimmigrant visa waiver (section 212(d)(3)) factors to consider, 503 4, jurisdiction, permission to re-enter after deportation, Form I- 212 not required, port of entry application, 507 relief under, security or terrorism, as grounds of inadmissibility, 507 Non-mandatory detention cases overview, Nonreviewability of consular action generally, 26 North Carolina immigration court and judges, 79 Office of Chief Counsel, 39 Notice of Appeal Board of Immigration Appeals (BIA), Notice of Intent deportability, 161 Notice to Appear (NTA) arrest upon termination of sentence, 14 deferred inspections, 172 defined, 11 removal proceedings, 18 19, 379 sample, state or federal detention, individuals in, O Obstruction of justice aggravated felony, 274, 313 moral turpitude, crimes of, plea, 545 Office of Chief Counsel burden of proof, 20 list of locations, overview, 16 Office of Enforcement and Removal Operations (ERO) custody determinations, 205 stay of deportation, voluntary removal, Offices of Chief Counsel contact information, Ohio detention centers, immigration court and judges, Offices of Chief Counsel, 42 Oklahoma detention center, 60 Offices of Chief Counsel, 45 Operating vehicle under influence. See DUI (driving under influence) cases Operation Tarmac DHS investigation of undocumented workers at airports, 342 Order of supervision defined, 9 Orders, administrative, challenges to as defense to criminal charge of re-entry after removal, Oregon immigration court and judge, 80 Office of Chief Counsel, 47 Overstay generally, 11 PACER (Public Access to Court Electronic Records) tool in criminal-alien law practice, 32 Pardons conviction, foreign, 109 full and unconditional, P 2012 American Immigration Lawyers Association 673

18 Parole Parole arriving aliens, 204 criminal conviction, effect on, 8 Customs and Border Protection (CBP), role of, 7 8 definition of, 7 document, 8 Parolees inadmissibility, 157 locating clients with criminal convictions via, Parole officers locating clients with criminal convictions via, Passport fraud. See Visa/passport fraud Pennsylvania detention centers, immigration courts and judges, 80 Offices of Chief Counsel, 44 Peonage aggravated felony, 274 Perjury aggravated felony, 274, 313 subornation of, 274, 313 Permanent residents. See Lawful permanent residents Petitions for habeas corpus. See Habeas corpus petitions Petitions for review to court of appeals after BIA appeal, removal proceedings, Petty-offense exception adverse immigration consequences, avoiding, moral turpitude, crimes of, 370, 402, 459 Photographs. See Biometrics and background checks Pleas adverse immigration consequences, avoiding, aggravated felonies, to avoid, agreements to avoid, bad deal pleas, domestic violence offenses, , eligibility for relief, creating, moral turpitude, to avoid, violence, crimes of, , Political offense exception aggravated felonies, 385 moral turpitude, , Polygraph examinations tool in criminal-alien law practice, 33 IMMIGRATION CONSEQ. OF CRIMINAL ACTIVITY, FIFTH ED. Pornography, child. See Child pornography Port of entry waiver application, Possession of burglary tools plea, 540 Possession of stolen property aggravated felony, attempted, moral turpitude, crimes of, 260 Post-conviction relief ineffective assistance of counsel, on merits (vacaturs), , modification of sentence, 119 motion to vacate, memorandum of law in support of, plea, 542 Pretrial detention arrest from, 14 Pretrial diversion programs avoiding conviction through, Pretrial intervention effect of, Pretrial statements to immigration court waiver application, sample, Prior statements, use of removal proceedings, 19 Probation locating clients with criminal convictions on, Professionals nonimmigrant visa holders, 4 Proof of convictions documents and electronic records, Prostitution enterprises aggravated felony, 274, 316 Protection orders domestic violence, inadmissibility and deportability, Protective categories deferred action, 8 9 immigration status, 5 10 order of supervision, 9 10 parole, 7 8 refugees and asylees, 5 7 temporary protected status, 7 Psychological evaluations tool in criminal-alien law practice, 33, 597 Puerto Rico immigration court and judges, Office of Chief Counsel, American Immigration Lawyers Association