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Published byBaldwin Evans Modified over 9 years ago
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Crim-Imm Updates: Padilla Motions and Executive Action Wendy Wayne CPCS Immigration Impact Unit MADCL Post Conviction Seminar January 2015
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IAC – Deficient Performance Duty to give clear and accurate advice In language client understands “Eligible for deportation” is not clear and accurate when conviction will result in virtually mandatory deportation
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IAC – Prejudice “Special Circumstances” per Comm v. Clarke Even though defendant got a “good deal” if he were US citizen, “noncitizen defendant confronts a very different calculus” and his right to remain in US may be more important than avoiding jail sentence
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IAC – Prejudice “Special Circumstances” per Comm v. Clarke Qs presented: 1. Should defendant’s refugee status conclusively establish special circumstances; if not 2. What weight should defendant’s refugee status be given?
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Executive Action on Immigration Policy memos issued on Nov 20, 2014 “Deferred action” Expands DACA for undocumented individuals who came to the US as children Creates DAPA for undocumented individuals who have US citizen or lawful permanent resident children Strict criminal bars
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Executive Action (cont.) Enforcement priorities Noncitizens with criminal convictions and gang members Secure Communities/Immigration Detainers Fingerprints will continue to be shared between FBI and ICE Detainers will mostly be replaced with “requests for notification” prior to defendants release from criminal custody
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QUESTIONS??? See practice advisories on DeJesus and Executive Action on the IIU website at http://www.publiccounsel.net/iiu/ http://www.publiccounsel.net/iiu/ CPCS Immigration Impact Unit 21 McGrath Highway Somerville, MA 02143 617-623-0591 iiu@publiccounsel.net
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