Open Letter on What’s Up with Us at the Law Offices of Norton Tooby
Please pay close attention to this letter if you subscribe to any of our newsletters or are...
Prior Juvenile Dispositions Arguably Do Not Disqualify Noncitizens From Effective FFOA Treatment Under Lujan
Oct
30
If a noncitizen has a first adult conviction of simple possession of a controlled substance, or any other such conviction of a qualifying offense, there is an argument that prior juvenile dispositions for controlled substances offenses should not...
Post Con Relief-Nunc Pro Tunc Orders
Jul
30
The notion of court orders nunc pro tunc is a very vague equitable doctrine. Even if counsel obtains a nunc pro tunc order in criminal court, there is no guarantee at all the immigration court will reach the criminal...
California Witness Dissuasion Offers an Immigration-Safe Alternative Disposition, Especially in Domestic Violence Cases
Jun
11
A plea to simple witness dissuasion, in violation of California Penal Code § 136.1(b), does not trigger deportation under any ground, at least if there is no sentence imposed of one year or more in custody, whether or not execution is suspended....
Lack of Advice on Actual Immigration Consequences of Plea by Unrepresented Defendant: Potential Grounds To Vacate the Conviction
Apr
20
The narrow holding of Padilla does not apply where a defendant represented him- or herself in the criminal case, because there is no defense counsel in the case who is obligated affirmatively to give accurate advice concerning the...
Finding and Creating Federal Misdemeanors with One-Year Maximum Sentences
Apr
20
The federal accessory-after-the-fact statute, 18 U.S.C. 3, can be a tool for creating misdemeanors. Any federal offense with a two-year maximum can be reduced to a misdemeanor (with a one-year maximum) by pleading to accessory after the...
California Witness Dissuasion Plea Offers An Immigration-Safe Alternative Disposition, Especially In Domestic Violence Cases
Feb
16
By Norton Tooby
A plea to simple witness dissuasion, in violation of California Penal Code § 136.1(b), does not trigger deportation under any ground, at least...
How Padilla Might Help Defendants Who Pleaded Guilty Without Counsel
Jan
30
By Norton Tooby
The narrow holding of Padilla does not apply where a defendant represented him- or herself in the criminal case, because there is no counsel who is obligated affirmatively to give accurate advice...
California One-Year Custody as Condition of Probation May Not Constitute Aggravated Felony One-Year Sentence Imposed
Nov
07
Many aggravated felony definitions require that the court order a term of imprisonment for a qualifying conviction of one year or more, or they are not aggravated felonies. For many of the most common aggravated felonies, the sentence...
First Drug Possession Convictions Occurring Before July 14, 2011 Can Still Be Erased By Expungement
Aug
22
In Lujan-Armendariz v. INS, 222 728 (9th Cir. 2000), the Ninth Circuit held that state rehabilitative relief from first-offense simple possession convictions was effective to eliminate all immigration consequences, by analogy to the Federal First...
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