To be an effective immigration advocate, it is essential to have a thorough understanding of the laws affecting your clients. This manual is designed to give practitioners that understanding with respect to Lawful Permanent Residents who have been charged with being removable.
This manual is designed as a “how to” manual; it contains detailed explanations of the grounds of removal LPRs are most likely to face, when they do and don’t apply, the remedies for each, and the practicalities of working with clients to elicit the evidence necessary to successfully defend their cases.
Although the primary focus of this book is on the remedies available for LPR clients who have been found removable, we wish to emphasize from the outset that the first line of defense in many cases involving LPR clients will be to deny the allegations in the Notice to Appear (NTA) and move for termination of the proceedings. This is a tactic to use in a number of situations; for example, where the government bears the burden of proof, or when there is a question about the legality of the arrest, or when there is an argument to be made that your client does not fall within the inadmissibility or deportability grounds charged in the NTA.
Finally, but very importantly, don’t forget that some of your LPR clients may actually turn out to be U.S. citizens by operation of law, and this possibility should always be explored when representing LPR clients in removal proceedings.
Author(s): ILRC Staff Attorneys
Edition: 3
Publisher: Immigrant Legal Resource Center
Year: 2017
Language: English
Pages: 413
City: San Francisco
Tags: legal permanent residence, deportation, removal order, u.s., america, u.s. law, u.s. immigration law, american law, law, immigration, immigration law, immigrants, u.s. citizenship, citizenship, removal order, deportation, legal
Acknowledgements
Table of Contents
Chapter 1: Remedies & Strategies for Permenent Resident Clients
§ 1.1 Introduction
§ 1.2 How to Use This Manual
§ 1.3 Which Permanent Residents Are Subject to the Grounds of Inadmissibility and Which Are Subject to the Grounds of Deportability
§ 1.4 Burdens of Proof
§ 1.5 Evidentiary Considerations; Motions to Suppress
§ 1.6 When and Whether to Concede Removability
§ 1.7 Analyzing Your Client’s Case
§ 1.8 A Word on Judicial Review
Chapter 2: Criminal Grounds of Inadmissibility & Deportability
§ 2.1 Introduction and Overview
§ 2.2 Definition of Conviction and How to Avoid a Conviction for Immigration Purposes
§ 2.3 Definition of Sentence
§ 2.4 The Categorical Approach in Three Steps
§ 2.5 Divisible Statutes, the Record of Conviction, and Burdens of Proof: The Modified Categorical Approach
§ 2.6 Exceptions to the Categorical Analysis
§ 2.7 Overview of Immigration Consequences of Crimes
§ 2.8 Aggravated Felonies
§ 2.9 Crimes Involving Moral Turpitude
§ 2.10 Controlled Substance Offenses
§ 2.11 Domestic Violence, Child Abuse, Prostitution
§ 2.12 Ground of Inadmissibility for Prostitution and Commercialized Vice
§ 2.13 Firearms Offenses
§ 2.14 Failure to Register as a Sex Offender Deportation Ground
§ 2.15 Ground of Inadmissibility for Two or More Convictions with Total Sentences of Five Years
Chapter 3: Other Grounds of Inadmissibility & Deportability
§ 3.1 Alien Smuggling
§ 3.2 Document Fraud
§ 3.3 False Claim to U.S. Citizenship
§ 3.4 Illegal Voting
§ 3.5 Inadmissible at Time of Admission and Now Removable
§ 3.6 Inadmissible for Misrepresentation and/or Fraud
§ 3.7 Abandonment of Residence: Losing One’s Permanent Resident Status
Appendix 3-A
Chapter 4: Waiver of Inadmissibility and/or Deportability under INA § 240A(a): Cancellation of Removal for LPRs
§ 4.1 Overview of Requirements for Cancellation of Removal; Effect of a Grant
§ 4.2 Removal Grounds That Can Be Waived by Cancellation of Removal
§ 4.3 The Applicant Must Have Been a Lawful Permanent Resident for at Least Five Years
§ 4.4 Continuously Resided in the U.S. for Seven Years after Admission
§ 4.5 Conviction of an Aggravated Felony
§ 4.6 Proving That Your Client Merits a Favorable Exercise of Discretion
Appendix 4-A
Chapter 5: Relief under Former § 212(c)
§ 5.1 Overview of Requirements and Procedure for Former § 212(c) Relief
§ 5.2 The Former § 212(c) Relief and the Holding in INS v. St. Cyr
§ 5.3 Supreme Court Decision in Judulang v. Holder, Rejecting Statutory Counterpart Rule
§ 5.4 Adjustment of Status and § 212(c)
§ 5.5 Section 212(c) Eligibility for Those Convicted by Jury Trial
§ 5.6 When the Seven Years of Lawful Unrelinquished Domicile Begins and Ends
§ 5.7 How Dates of Conviction Affect § 212(c) Eligibility
§ 5.8 Section 212(c) Eligibility for People Who Were Ordered Deported before St. Cyr Was Decided
§ 5.9 DHS Regulations Governing § 212(c) Applications in the Wake of St. Cyr
§ 5.10 Proving That Your Client Merits a Favorable Exercise of Discretion
Appendix 5-A
Appendix 5-B
Appendix 5-C
Chapter 6: Waiver of the Criminal Grounds of Inadmissibility under INA § 212(h)
§ 6.1 Introduction to the § 212(h) Waiver
§ 6.2 Inadmissibility Grounds That Can Be Waived under § 212(h)
§ 6.3 General Requirements for Eligibility for § 212(h) Relief
§ 6.4 Restrictions on § 212(h) Eligibility for Certain Lawful Permanent Residents
§ 6.5 When Can One Use the § 212(h) Waiver?
§ 6.6 Discretion in § 212(h) Cases
§ 6.7 Discretion in Violent or Dangerous Offenses
Chapter 7: Comparing § 212(h) Waivers & LPR Cancellation of Removal
§ 7.1 How to Approach Each Case
§ 7.2 The Advantages and Disadvantages of § 212(h)
§ 7.3 The Advantages and Disadvantages of LPR Cancellation of Removal
§ 7.4 Case Examples
Chapter 8: Other Remedies for Permanent Residents Facing Removal
§ 8.1 Remedies for LPRs Found to Have Been Inadmissible at the Time of Their Original Admission
§ 8.2 Special Domestic Violence Waiver under INA § 237(a)(7)
§ 8.3 Adjustment of Status
§ 8.4 Naturalization as a Remedy to Removal Proceedings: Termination of Removal/Deportation Proceedings under 8 CFR § 1239.2(f) [formerly 8 CFR § 239.2(f) and 8 CFR § 242.7(e)]
§ 8.5 Acquisition and Derivation of U.S. Citizenship
§ 8.6 Asylum, Withholding of Removal & Relief under the ConventionAgainst Torture (CAT)
§ 8.7 Remedies for Victims and/or Witnesses to Crimes
Appendix 8-A
Appendix 8-B
Chapter 9: Release from Detention
§ 9.1 Introduction
§ 9.2 Custody Determination
§ 9.3 Venue and Timing: Where and When to Request a Bond Hearing
§ 9.4 Mandatory Detention of Noncitizen Criminal Offenders during Removal Proceedings under INA § 236(c)
§ 9.5 Challenging Mandatory Detention and Prolonged Detention
§ 9.6 Detention of Persons with Final Orders of Removal and No Stay of Removal from the Circuit Court of Appeals, Including Persons Granted Withholding or Deferral of Removal
§ 9.7 Detention of Persons with Final Orders Who Have a Motion to Reopen Pending
§ 9.8 Detention of “Arriving Aliens”
§ 9.9 Detention of Persons with Credible Claims to U.S. Citizenship
Chapter 10: Working with Clients and Presenting Evidence: How to Make the Best Case Possible
§ 10.1 The Advocate/Client Partnership
§ 10.2 Creating a Partnership with Our Clients
§ 10.3 Dealing with Your Client’s Feelings
§ 10.4 Preparing the Case for Hearing
§ 10.5 Important Duties for Client and Advocate
§ 10.6 Introduction
§ 10.7 Extreme Hardship
§ 10.8 Equities
§ 10.9 Proving Rehabilitation: The Three Story Approach
Appendix 10-A
Appendix 10-B
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