Summary of Contents

1. Introduction
2. Substantive and Procedural Differences Between Immigration and Criminal Law
3. Defense Counsel’s Sixth Amendment Duty Under Padilla
4. ICIDA: A Structural Framework for Analyzing the Immigration Consequences of Criminal Offenses
5. ICIDA: An In-Depth Analysis of the Immigration Consequences of Criminal Offenses
6. Case Examples: Employing the ICIDA Approach
7. Operating Offenses
8. Crimes Against Life and Bodily Security
9. Crimes Against Public Health and Safety
10. Crimes Against Property
11. Crimes Against Government
12. Crimes Against Children
13. Controlled Substances Offenses
14. Miscellaneous Offenses
15. Client Communications, Case Strategy, and Practice Management Tips
16. Plea Negotiations
17. ICE Detainers
18. Postconviction Relief for Noncitizens

Appendices

Table of Cases

Table of Statutes, Regulations, and Rules

Index

Newly updated

The 2020-2021 revision includes a number of changes such as:

• A 2021 U.S. Supreme Court decision that highlights the importance of creating a clear and limited conviction record to protect noncitizen clients in certain circumstances
• A 2018 decision by the U.S. District Court for the Eastern District of Wisconsin that discusses the parameters of criminal defense attorneys’ duty under Padilla v. Kentucky
• Decisions by Attorneys General who served under former President Trump that introduce a new method of establishing a noncitizen’s removability on aggravated-felony grounds, limit when immigration authorities will give effect to a state court’s modification of an imposed sentence, and create a presumption against good moral character for some applicants for cancelation of removal
• The newest ICE detainer form, revised in 2017, and changes to ICE’s Secure Communities program that have affected cooperation between ICE and local jails regarding detention and removal of noncitizens

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About the Authors

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