Criminal Defense of Immigrants



 
 

§ 3.43 (C)

 
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(C)  Screening Possibilities.  Look for names that come up repeatedly when you consult public defenders, reputable criminal defense lawyers, judges, local bar associations, and local criminal defense lawyer associations concerning local immigration lawyers experienced in criminal issues.

 

                Don’t assume someone is good.  Check them out.  Obtain several references and interview them. Conduct an interview, as if hiring an employee.  Consider asking the following questions:

 

(1)  Putting yourself aside for a moment, could you give me the names of three attorneys in this area who specialize in deportation defense of immigrants with criminal convictions?

 

(2)  How many crime-related immigration cases have you handled in the last year?  Section 212(c) applications?  Cancellation of removal cases?  Do you consult with criminal lawyers concerning the immigration consequences of proposed plea bargains?  Have you spoken recently to criminal lawyers’ groups on this topic?  Where?  When?

 

(3)  What books do you have in your library concerning crime-related immigration issues?  (Look for D. Kesselbrenner and L. Rosenberg, Immigration Law and Crimes (West Group 2007), K. Brady, et al., Defending Immigrants in the ninth circuit (ilrc, 2007), M. Vargas, Representing Noncitizen Criminal Defendants in New York State (2006), N. Tooby, Criminal Defense of Immigrants (National Edition 2007), N. Tooby & j. Rollin, California Expungement Manual (2002); N. Tooby, Post-Conviction Relief for Immigrants (2004).)

 

(4)  What crimes-related immigration work have you done lately and who were the criminal or post-conviction lawyers on those cases?  (You can then call them as references to check the lawyer out.)

 

                Ample resources exist to assist criminal defense counsel in obtaining answers to the immigration questions that arise during the course of representing noncitizens.

 

 

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