New Members Division E-News

January 2013

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New Members Division E-News January 2013 American Immigration Lawyers Association www.aila.org AILA COMMUNITIES Federal Court Litigation Section A forum for members to share ideas and information, and to receive guidance on litigation-related issues. Join Now! Global Migration Section A community of AILA members and more who are interested in furthering the practice of global migration. Join Now! And don't forget to join your local AILA chapter! 8 AILA FREE to AILA members, AILA8 gives you the top 8 immigration news items of the day in 8 minutes or less. Save time, save your inbox, read AILA8! YOUR NEW MEMBER RESOURCES: Webpage ? ! Mentor Directory Message Center Newsletter Archive NMD Listserve New Member Events The Intersection of Immigration, Criminal Law Part 1 by Eli A. Echols O ne of the most complex areas of immigration law is the intersection of immigration law and criminal law. This is mainly because the Immigration and Nationality Act ("INA") changes some of the rules that could be considered fundamental to criminal law. If you wade into these murky waters, you need to be aware that in ignorance an attorney can do great harm. However, some careful analysis is all that is required to avoid this. If you are analyzing a client's case and encounter a criminal issue, I recommend slowing things down and going through a series of questions and answers. If you come across a police encounter, an arrest, etc., the FOR MORE INFORMATION NEW RELEASE! Find out what's new in the 5th edition of Immigration Consequences of Criminal Activity Purchase > first question is: did it result in a conviction? Outside of immigration law, this would be academic. Was there a judge's or a jury's verdict of guilt? Conviction! A practitioner advising a non-citizen mustn't stop looking so quickly. In addition to "a formal judgment of guilt of the alien entered by a court," the INA also defines a conviction as including where: (i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and (ii) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed. INA_101(a)(48)(A), 8 U.S.C. ยง 1101(a)(48)(A). What this definition means is that while a "formal judgment of guilt" is the obvious conviction one would expect in any circumstance, under the right circumstances a withheld judgment can still be considered a conviction. This happens where (1) an adjudicator has made a finding of guilt and (2) some form of restraint on the alien's liberty was imposed. In fact, one does not even need a CONTINUED on pg.2 >> u ISSUE HIGHLIGHTS: Adjustment of Status 3 I-601 Waivers 4 Renouncing U.S. citizenship 5 www.aila.org/nmd 1

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