Safe Havens

A safe haven as used in this book essentially means a legal argument that a certain conviction does not fall within a ground of deportation.  Some legal arguments are stronger than others.  A safe haven argument is stronger if:

            (a) there is a case on point, in the sense that it holds that a similar conviction does not constitute a ground of deportation.  See § 3.7, infra.

            (b) the case has been decided by a governing jurisdiction, i.e., a court that the court in which the case is pending is obligated to follow.  See § 3.8, infra.

            (c) the analogy between the client’s case and the favorable judicial decisions on similar issues is a close one.  See § 3.9, infra.

It is very important to realize the limitations on the persuasive influence that a judicial decision can have on a court deciding another case.  See § 3.10, infra.