Safe Havens

The safe havens discussed in this chapter are believed to be safe from falling within any ground of deportation; that is, a noncitizen can suffer one of these convictions without thereby becoming deportable under any ground of deportation at all: not under any conviction-based ground, and not under any conduct-based ground.  Chapters 7 and 8, on the other hand, discussed partial safe haven convictions that are proof against triggering deportation under a single specific ground of deportation (Chapter 7) and judicial decisions holding that a given conviction is not an aggravated felony or crime of moral turpitude (Chapter 8).

The safe haven convictions identified in this chapter do not necessarily protect against becoming deportable on account of a conduct-based ground of deportation, since no conviction can provide a guarantee that a person has not engaged in behavior that might trigger deportation.  The convictions vouched for here, however, do not themselves establish that the defendant has engaged in conduct that would trigger a conduct-based ground of deportation.  In other words, the convictions here do not prove any conduct-based ground of deportation.  The person’s conduct itself (rather than the conviction) will determine that.

As always, counsel should examine the statute of conviction very carefully, and construct the record of conviction very carefully, to make sure it is safe before entering the plea.  The law may have changed since this book was written; a different statute may be involved, or the statute may have been amended since it was examined here.  The case law that makes a certain safe haven safe may not apply in all jurisdictions.  Judicial decisions may have been handed down that alter the analysis.  A mistake may have been made.  The safe havens suggested here, however, will provide at least a starting point for researching a safe disposition in many cases that will protect the client completely against deportation insofar as any conviction can do so.

Some of the safe havens listed below will become doubly safe if the noncitizen defendant is able to receive a particular sentence.  See § § 5.58-5.61, 7.19-7.28, 7.127-7.129, supra.

These suggested dispositions are favorites, many of which have been used a few or many times.  We earnestly solicit your feedback and suggestions.  There are 50 states plus several federal jurisdictions, territories, tribal governments, and military courts, not to mention 170 foreign nations, any of which can create convictions that might trigger deportation.  We welcome your favorite safe havens, and will be happy to share them with others via this book and its updates on http://www.CriminalAndImmigrationLaw.com.