Transcript judges - The Law Offices of Angela L. Williams, LLC

Problems facing Non-Citizens in Court
Presented by:
Mira Mdivani
Angela Williams
Stephen Blower
What does Padilla Say?

Padilla was an LPR

Veteran

Many many years in US

Charged with possession with
intent to distribute a boat load of
pot

Lawyer advised (incorrectly) that
since he was a vet and had been
here so long, he would not have
any problems

Main opinion: When the
consequence is clear the advice
needs to be equally clear. When
the consequence is less clear one
only need advise that there may
be consequences

Concurrence: Wanted to limit it
to affirmative mis-advice

Dissent: This is a collateral
consequence, therefore even
wrong advice is not IAC
Clear Consequences…(sort of)

Aggravated Felony (8 USC §
1101(a)(43))

Inadmissible Crime (INA §
212(a)(2)(A)) (Cant get into the
US)

Deportable Crime (INA §
237(a)(2)(A)) (Kicks you out)
Step 1: Are you a US Citizen?
Yes?
Yes?
Born in the
USA?
No
Consequences!!!!
Are you a Naturalized USC?
Conduct occur
after Natz?
No?
Yes
Uh Oh
Maybe IC
No
Consequences!!!
Move to
step 2
Step 2: As Clear as it Gets

Is it an Aggravated felony? § 101 (43)(a)

Is it in the inadmissibility section? § 212(a)(2)(A)

Is is in the Deportation section?§ 237(a)(2)(A)

If it looks like a duck…
Warnings Agg Felon: This
conviction will…
Warnings for
inadmissibility
Warnings for Deportability
What is not Clear: CIMTs and COV


CIMTs= Crimes involving moral
turpitude

COV= Crimes of violence

Can avoid this if sentence is less
than a year.

If not, if it is in the ball park of
force or violence or something
from which violence is likely to
occur, maybe a problem
Extremely difficult to determine;
depends on wording of statute

Base, vile and depraved and
violates acceptable moral
standards.

More than negligence

Must have specific intent (maybe
reckless)
CLEAR AS MUD
Warnings:
Other Cr-immigration Problems

Drug Convictions: Only
exception for less than 30g of MJ=
Must state the amount and must
state the drug in sentencing

Any other drug = BAD

Any mention of trafficking= Bad

In sentencing: the wording of the
statement of facts and what is said
on the record is important

Sentences

SIS, SES, Expunged records, No
Contest, Alfrord Pleas, juvenile
adjudications, setting aside the
guilty plea or vacating the plea all
can cause problems

Diversions or pre-trial
adjudications can cause problems
if you admit to the essential
elements of the crime

Actual times served usually
doesn’t matter it is the sentence
imposed that is important
One more thing…..
Non-Criminal Issues for
Non Citizens in Court

Orders of protection (or violations of them) & Civil Contempt

Divorce or annulment : Before petition is approved, continued
obligation under affidavit of support

Child Custody and International Kidnapping

Child Support failure to pay child support

Abused abandoned or neglected undocumented kids

Guardianships