Safe Havens

This chapter identifies safe havens that are defenses against deportability only with respect to a specific ground of deportation, and are called “partial safe havens” to indicate that they do not provide protection against deportation under any other ground.  For example, if a noncitizen has been released from custody on account of a foreign conviction more than 15 years ago, that conviction ceases to be an aggravated felony conviction.  See § 7.15, infra.  That defense, however, does not protect a noncitizen against deportation under the crime of moral turpitude conviction ground, the domestic violence ground, or any ground of deportation other than the aggravated felony ground.  That is therefore an example of a partial safe haven — protection against only one ground of deportation.

            Each ground of deportation is considered in this chapter, and the partial safe havens that protect against each one are discussed here.  This covers a great expanse of material, and the partial safe havens listed here are examples; no doubt, counsel will discover many more as time passes.  The authors would be very grateful to learn of additional partial safe havens as they are discovered, as well as to receive any other suggestions and corrections to this text. 

            The most extensive space is devoted to aggravated felony safe havens.  See § § 7.2-7.104, infra.  The next most comprehensive discussion is devoted to safe havens applicable to crimes involving moral turpitude.  See § § 7.105-7.135, infra.  The other major crime-related grounds, controlled substances, domestic violence, and firearms conviction grounds of deportation, are covered next.  See § § 7.136-7.179, infra.  The immigration related grounds are discussed, see § § 7.180-7.192, infra, followed by the immigration status violation grounds, see § § 7.193-7.200, infra, and finally the security grounds of deportation.  See § § 7.201-7.224, infra.

            Counsel should, as always, doublecheck the research as to any particular safe haven before using it in the defense of a client.

            Each of the different grounds of deportation, both conviction-based grounds and conduct-based grounds, are considered in this chapter in the same order in which they appear in the Checklist of Grounds of Deportation contained in Appendix A, infra.