Overview
In 2025 Congress allocated $70 billion in additional funding for this purpose.
What is border security OR ICE/CBP?
These are the grounds used to remove a green card holder from the United States.
What is deportability?
In a criminal proceeding, this side "shall consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution."
What is the prosecution?
This aspect of defendant's criminal history is critical to investigate before immigration advisements can be made on the current charges.
What are all priors?
To comply with the requirements of Matter of Pickering, a post-conviction vacatur must be based on one of these two defects.
What are statutory or constitutional defects OR substantive or procedural irregularity?
Immigration "strikes" include one of these. Name TWO.
What are Detention, Loss of Status, Deportation, Illegal Re-entry and Federal Prison?
The legal ground all noncitizens should be concerned with in order to avoid detention for months or even years.
What is mandatory detention?
There is no requirement that a defendant disclose this in criminal court.
What is their immigration status?
DEJ and 1203.4 motions still result in "convictions" even after this court order.
What is a dismissal?
The two California statutory vacaturs most presently utilized and effective for immigration purposes.
What are P.C. 1016.5 and P.C. 1473.7?
In California, one out of ___________ persons was born in another country.
What is four?
These are the grounds noncitizens must be concerned with when obtaining status or relief from DHS or in immigration court.
What is "inadmissibility"?
The section of the Calif. Penal code where defense & prosecution obligations to immigrants are found.
What is P.C. 1016.3?
Negotiating this result short of a dismissal, will avoid a conviction for immigration purposes.
What is pre-plea or pre-trial diversion?
The reason why an expungement or DEJ dismissal are not effective to avoid a conviction for immigration purposes.
What is they are "rehabilitative"?
84-85% of detained immigrants have this enormous barrier in fighting their removal cases.
What is lack of representation?
The analysis used to determine whether a state offense is "overbroad" as to the federal definition of the same offense.
What is the categorical approach?
Pursuant to P.C. 1016.5, what must the court allow the defendant in order to consider the appropriateness of the plea in light of a 1016.5 advisement?
What is a continuance OR additional time?
When determining the length of a sentence, we consider what aspect of the sentence.
What is the sentence imposed
Special categories of defendants who may be eligible for special vacaturs due to their history prior to commission of the crime.
What are domestic violence and trafficking victims?
This is the #1 prosecuted federal offense in the U.S.
What is 8 USC 1326 OR illegal re-entry after removal?
Pleading specifically to certain elements of an offense (such as certain CA controlled substances) can help avoid immigration consequences for these types of offenses.
What are "divisible" offenses?
The name of ONE California Appellate or Calif. Supreme Court case relating to defense attorney's obligation to immigrant defendants.
What is Soriano OR Barocio OR Resendiz OR Bautista OR Patterson?
Though juvenile adjudications are not convictions, findings for these types of charges and/or adjudications could still lead to permanent inadmissibility and ineligibility to legalize status.
What are drug trafficking charges/adjudications?
The burden of proof to show that a defendant was advised by the judge of the immigration consequences of the plea rests with this party.
Who is the prosecutor?