IIU Practice Advisories

Immigration Status Specific

DACA and Criminal Bars (August 2020)

Temporary Protected Status (TPS) and Criminal Bars

Update on Special Immigrant Juvenile Classification (SIJ)

SIJ Status in Probate and Juvenile Courts for Youth 18-21 (Recinos v. Escobar)

U- visa overview and discovery

Criminal Defense

Does a defendant forfeit his bail if he is transferred into Immigration custody? (Commonwealth v. Bautista) 

Habeing defendants from ICE Custody

Impact of Direct Appeals on the Immigration Consequences of Criminal Convictions

Controlled Substances

Categorical Approach Analysis (Mellouli v. Lynch)

Analysis of Marijuana Distribution Offenses (Moncrieffe v. Holder and Commonwealth v. Jackson)

Drug Trafficking Offenses (Carachuri-Rosendo v. Holder)

ICE Enforcement and the Immigration System

ICE Detainers in State Court

Limits of ICE Detainers (Lunn v. Commonwealth)

Overview of ICE Enforcement Programs

ICE Interrogations and Immigrants’ (lack of) Constitutional Protections

ICE Use of Administrative Warrants and True Warrants in Immigration and Criminal Enforcement

Demystifying Immigration Court Proceedings

Duties of Defense Attorneys and Immigration Related Post-Conviction Matters

Duties of Defense Attorneys in Massachusetts

Commonwealth v. Sylvain II – March 2016 (finding that the motion judge had not abused his discretion in allowing the motion to vacate based primarily upon affidavits of the defendant and plea counsel).

Commonwealth v. Lavrinenko – October 2015 (finding that defense counsel is required to make a “reasonable inquiry” into a defendant’s immigration status and must provide advice about the possibility of a conviction barring relief from removal. The court also held that in the prejudice analysis, a defendant’s refugee or asylee status constitutes a special circumstance which is entitled to “particularly substantial weight”).

Commonwealth v. DeJesus – May 2014 (finding that the Sixth Amendment and Article 12 require defense counsel to provide specific advice regarding the immigration consequences of a conviction in a manner that the defendant can comprehend).

Commonwealth v. Sylvain – September 2013 (finding that despite the Supreme Court’s holding in Chaidez, the duty to properly advise a defendant regarding immigration consequences exists under article 12 of the Massachusetts Declaration of Rights and is retroactive to April 1, 1997).

Chaidez v. United States – March 2013 (finding that federal courts may not apply Padilla retroactively to convictions that became final before the date Padilla was issued – March 31, 2010).

Commonwealth v. Marinho – January 2013 (finding that defense counsel’s duty to advise about immigration consequences includes advising noncitizen clients prior to trial and further extends to advocating at sentencing for dispositions that minimize immigration consequences).

Commonwealth v. Clarke – August 2011 (interpreting the U.S. Supreme Court decision in Padilla v. Kentucky, 130 S. Ct. 1473 (2010), finding that decision to be retroactive in Massachusetts, and providing a framework for establishing prejudice in such motions).

Padilla v. Kentucky – March 2010 (holding that criminal defense attorneys are required under the Sixth Amendment to advise noncitizen clients of the immigration consequences of their guilty pleas).

Commonwealth v. Petit-Homme – April 2019 (discussing the requirements under MGL 278 §29D).

Commonwealth v. Grannum – July 2010 – (finding that although the presumption of regularity does not apply to motions for new trial brought under MGL 278 §29D, a defendant must still show that the criminal conviction will actually result in deportation proceedings).

Practice Advisories for Immigration Attorneys

Threats to Commit Crime – Practice Advisory for Immigration Practitioners, December 2019

More to come . . .