Immigration Law and Crimes

• NCJ Number: 98736
• Author(s): D Kesselbrenner; L D Rosenberg
• Date Published: 1984
• Length: 510 pages
• Corporate Author: National Lawyers Guild
• Sale Source: Clark Boardman Company, Ltd
• Language: English
• Country: United States of America

Annotation

This volume discusses the law, procedure, strategies, and issues involved in representing the foreign-born criminal defendant subject to immigration law.

Abstract

It considers aspects of criminal law and postconviction procedures as they interact with relevant immigration laws or impact the representation of the foreign-born client. A general introduction presents immigration parlance and the provisions of the immigration statute. Three chapters focus on the foreign-born individual's criminal conviction or other formal contact with the criminal justice system. What constitutes a conviction is central in the discussion, because it is the most common incident that activates the application of relevant provisions of immigration laws. The conviction is analyzed in a variety of contexts, including those having to do with jurisdiction and those determined by the nature of the offense. Bases other than a criminal conviction upon which a foreign-born person might be subject to sanction are identified. The volume then examines postconviction remedies, tactical considerations, and other significant issues related to conviction or admission of criminal activity. Additional chapters address the consequences to a foreign-born individual from a criminal conviction or incriminating formal contact with the criminal justice system. Cases interpreting immigration laws are cited. These chapters also address constitutional and other legal issues related to the scope of State, Federal, and judicial authority to arrest, hold, and sanction foreign-born individuals. The last three chapters discuss the alien's eligibility for discretionary relief and the means to ameliorate immigration consequences under applicable provisions of immigration law. Appendixes contain relevant Federal and State statutes, selected model pleadings and sample forms, and sample determinations on the issue of moral turpitude. Aslo included are chapter footnotes, a subject index, and tables of cases and statutes.