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Non-United States citizens are at more risk than in decades with their criminal cases, and many times starting while the prosecution is still pending in court. Harsh treatment of non-U.S. citizens did not start from whole cloth with Donald Trump, but he and his tough-on-immigrants supporters have taken the matter to an entirely higher quantum level. And still we have safeguards, including the Senate's non-action on H.R. 875, which would have made green card holders deportable for a conviction of driving under the influence of alcohol and/or drugs (aka DUI, DWI, OWI and OUI).
With the situation for non-United States citizens and undocumented people in the United States getting no better -- and in many instances worse (for instance with the widespread application of no bond for immigration detainees) -- the time is ripe for the return after sixteen months of crimmigration expert Ofelia L. Calderón, to whom your host Fairfax criminal defense lawyer Jonathan Katz repeatedly turns for on-the-money advice and opinion letters for his non-United States citizen criminal defense clients.
Criminal defense lawyers need to understand the immigration risks for certain convictions, sentences, and procedures. In 2010, the United States Supreme Court included correct advice about adverse immigration consequences from criminal cases within the Sixth Amendment’s Effective Assistance of Counsel clause. Padilla v. Kentucky, 559 U.S. 356 (2010). Crimmigration law is so nuanced that no primer exists to teach this to criminal defense lawyers in but one sitting. This Virginia crimmigration chart from Amica does not end the essential learning needed by criminal defense lawyers, but at least propels the matter forward.
Beyond the political winds that affect immigration law and enforcement policy, we have practical considerations that have been around for decades, including Crespo v. Holder, 631 F.3d 130 (4th Cir., Jan. 11, 2011), which lets us know to beware whether a seeming sweetheart deal is really a sweetheart deal when considering the adverse immigration, financial and personal consequences that can come from a wide panoply of criminal case dispositions.
Furthermore, non-United States citizens without legal permanent residence / green cards need to be particularly cautious about leaving the United States while their criminal cases are pending in court. Learn much more about all of this and plenty more in this podcast episode.
This podcast is also available on YouTube https://www.youtube.com/watch?v=FYSoVvHK3PI and on Apple podcasts https://podcasts.apple.com/us/podcast/winning-by-navigating-the-crimmigration-landmines/id1721413675?i=1000776851879
This podcast with Fairfax, Virginia criminal / DUI lawyer Jon Katz is playable on all devices at podcast.BeatTheProsecution.com. For more information, visit https://KatzJustice.com or contact us at info@KatzJustice.com, 703-383-1100 (calling), or 571-406-7268 (text).
If you like what you hear on our Beat the Prosecution podcast, please take a moment to post a review at our Apple podcasts page (with stars only, or else also with a comment) at https://podcasts.apple.com/us/podcast/beat-the-prosecution/id1721413675
