Immigration Consequences of Criminal Activity, 5th Ed.

Immigration Consequences of Criminal Activity, 5th Ed.

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Immigration Consequences of Criminal Activity, 5th Ed.

The U.S. Supreme Court and federal courts have issued incredibly important precedent decisions over the past few years that affect the meanings of detention, admission, aggravated felony, moral turpitude, and representation, as well as what constitutes eligibility under INA §§212(h) and 212(c), among others. Immigration Consequences of Criminal Activity: A Guide to Representing Foreign-Born Defendants by Mary E. Kramer is your one volume resource for staying up to date on these and many other changes. It provides a thoughtful analysis of federal case law and an easy-to-follow discussion of the most important issues in criminal-immigration law.



NEW to the Fifth Edition!

  • New discussions (never before included) on the political offense exception in the context of admissibility and eligibility for asylum. This is important where a person is criminally charged (or convicted) in a foreign country, but the prosecution was politically motivated and in fact a form of persecution.
  • Updated discussion of U and T visas, as well as other cooperating witness issues.
  • All new memoranda and motions demonstrating winning arguments.
  • All new memoranda of law in support of relief.
  • All new winning motions to terminate.


Immigration Consequences continues its step-by-step approach supplemented with the author's years of experience in immigration court, before USCIS, ICE, CBP, and the detention centers. It provides everything you need when representing immigrant clients in criminal court, such as: how to define "aggravated felony" and "crime involving moral turpitude"; how to spot emerging arguments; how to assess eligibility for waivers; tips for filing strong motions and pleadings; tips for contesting mandatory detention; how to handle bond cases, and more!


  • A thorough analysis of relevant case law from the U.S. Supreme Court, Board of Immigration Appeals, the federal circuit courts, and the federal criminal sentencing guidelines.
  • Definitions and application of terms such as "categorical" and "modified categorical" approaches; the "non-elemental" factor; the "circumstance specific" approach.
  • Discussion of Matter of Silva-Trevino and the circuits that have rejected this approach.
  • Emerging issues regarding the definition of "admission" including thorough discussion of the availability of INA §212(h) relief to lawful permanent residents convicted of crimes.
  • Contesting mandatory detention, including why mandatory detention's "custody" requirement is satisfied by intensive supervision.

Immigration Consequences gives you the strategy and "nuts and bolts" to:

  • Identify immigration classifications of the crime charged
  • Identify adverse immigration consequences attached to convictions
  • Identify potential forms of relief, including waivers
  • Identify possible plea solutions


Whether you're looking to specialize in criminal-immigration law, or you only have a few criminal clients, the Fifth Edition of Immigration Consequences of Criminal Activity is a necessary reference for you and your practice.

"This book is different, in that it is geared toward both criminal defense lawyers and immigration attorneys. The discussion starts at a basic level and carefully accelerates to an advanced, high-end discussion of defending the non-American citizen defendant and respondent in removal proceedings. This book is a great book for the beginner, yet it also contains real gems for the experienced attorney who may not have considered all the angles." - Author, Mary E. Kramer




ISBN: 978-1-57370-305-2
SKU: 53-05
January 2013

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Table Of Contents

Index

Case Table

Preface

Testimonials

Mary E. Kramer is one of the leading authorities on criminal immigration issues. She has been in private practice for more than 22 years and is a sole practitioner in Miami. Her practice is limited to immigration law with a concentration on cases involving individuals with criminal records. She handles more than 150 cases per year involving adjustment of status, visa applications before consulates, naturalization and affirmative INA §212(c) waivers before U.S. Citizenship and Immigration Services, and representation of clients before the immigration courts and the Board of Immigration Appeals. Additionally, Ms. Kramer works with criminal lawyers on their pending criminal cases and cooperating witness work, and she trains federal public defenders on the immigration consequences of crimes for the Administrative Office of the U.S. Courts.

Ms. Kramer is a past-president of the AILA South Florida Chapter and past-chair of AILA's U.S. Immigration and Customs Enforcement (ICE) Liaison Committee. In addition, she is co-chair of the AILA South Florida Chapter's Enforcement and Removal Operations, Chief Counsel; and Department of Motor Vehicles committees, working on policies and standards involving the South Florida region's detention centers and deportation offices. Ms. Kramer is president of the board of directors of Catholic Charities Legal Services, Inc., a nonprofit organization assisting low-income people with immigration matters in South Florida.

Ms. Kramer was a founding co-supervising attorney of the AILA South Florida Legal Assistance Project, a pro bono project serving the Miami immigration court. In November 2002, she received the U.S. Attorney General's Meritorious Public Service Award based on her work with this project. Ms. Kramer also volunteers for the Florida Bar, having recently finished a term as chair of a local grievance committee, and is presently serving on an unauthorized practice of law committee.

Ms. Kramer has written numerous articles about, and has frequently lectured on, immigration consequences of criminal actions. She is a former adjunct professor at Florida International University's College of Law.

Ms. Kramer graduated cum laude from the College of Saint Benedict, in St. Joseph, MN, and earned her J.D. from the University of Wisconsin at Madison. While in school, she interned for the Harlingen immigration court, and after graduation, worked as a judicial law clerk to the Miami immigration court before entering private practice. Ms. Kramer is a member of the Wisconsin and Florida state bars.

On a personal note, Ms. Kramer grew up in Madison, WI, as one of six children. She has been married for 21 years to José Alvarez, and they have two children-Liz, 15, and José, 18. She enjoys watching her children play sports, backyard barbeques with family and friends, and summertime escapes to a little house on Bear Lake in northeastern Wisconsin.

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