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NCJRS Abstract

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NCJ Number: 98736 Find in a Library
Title: Immigration Law and Crimes
Author(s): D Kesselbrenner; L D Rosenberg
Corporate Author: National Lawyers Guild
United States of America
Date Published: 1984
Page Count: 510
Sponsoring Agency: Clark Boardman Company, Ltd
New York, NY 10014
National Lawyers Guild
Philadelphia, PA 19102
Sale Source: Clark Boardman Company, Ltd
435 Hudson Street
New York, NY 10014
United States of America
Language: English
Country: United States of America
Annotation: This volume discusses the law, procedure, strategies, and issues involved in representing the foreign-born criminal defendant subject to immigration law.
Abstract: It considers aspects of criminal law and postconviction procedures as they interact with relevant immigration laws or impact the representation of the foreign-born client. A general introduction presents immigration parlance and the provisions of the immigration statute. Three chapters focus on the foreign-born individual's criminal conviction or other formal contact with the criminal justice system. What constitutes a conviction is central in the discussion, because it is the most common incident that activates the application of relevant provisions of immigration laws. The conviction is analyzed in a variety of contexts, including those having to do with jurisdiction and those determined by the nature of the offense. Bases other than a criminal conviction upon which a foreign-born person might be subject to sanction are identified. The volume then examines postconviction remedies, tactical considerations, and other significant issues related to conviction or admission of criminal activity. Additional chapters address the consequences to a foreign-born individual from a criminal conviction or incriminating formal contact with the criminal justice system. Cases interpreting immigration laws are cited. These chapters also address constitutional and other legal issues related to the scope of State, Federal, and judicial authority to arrest, hold, and sanction foreign-born individuals. The last three chapters discuss the alien's eligibility for discretionary relief and the means to ameliorate immigration consequences under applicable provisions of immigration law. Appendixes contain relevant Federal and State statutes, selected model pleadings and sample forms, and sample determinations on the issue of moral turpitude. Aslo included are chapter footnotes, a subject index, and tables of cases and statutes.
Index Term(s): Alien criminality; Defense counsel; Defense preparation; Immigrants/Aliens; Immigration offenses; Post-conviction remedies
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