Immigration counsel defending a noncitizen against deportation in immigration court must necessarily investigate each disposition of a criminal case to determine whether it constitutes a safe haven or triggers deportation.  The DHS often erroneously files an allegation that a criminal disposition triggers deportation, when it is in fact a safe haven.

 

Fifth Circuit

ADMISSION - PERMISSION TO WORK DURING PENDENCY OF ADJUSTMENT APPLICATION IS NOT LAWFUL ADMISSION TO UNITED STATES
United States v. Lucio, ___ F.3d ___ (5th Cir. Oct. 12, 2005) (conviction under 18 U.S.C. 922(g)(5)(A) [possession of firearm by undocumented noncitizen] upheld since undocumented noncitizens immigration status remains unlawful during the pendency of an application to adjust status; mere fact that he has received permission to work in the county does not alter the initial unlawfulness of his immigration status).
http://caselaw.lp.findlaw.com/data2/circs/5th/0420331cv0p.pdf

Ninth Circuit

ADMISSION - BURDEN OF PROOF - PAROLEES NOT "ADMITTED"
Altamirano v. Gonzales, ___ F.3d ___, 2005 WL 2839982 (9th Cir. Oct. 31, 2005) (a parolee has not been "admitted" to the United States, and therefore is subject to the grounds of inadmissibility, and bears the burden of showing admissibility).
http://caselaw.lp.findlaw.com/data2/circs/9th/0370737p.pdf