Immigration Consequences of Criminal Activity '11

Recorded November 11, 2011

Co-Sponsor

  • Immigration Law Law Section, State Bar of Georgia; Criminal Law Section, State Bar of Georgia

Presiding

  • Marshall L. Cohen, Program Chair, Cohen & Associates, Atlanta

Welcome and Program Overview

Current structure of removal proceedings (inadmissibility vs. deportability), grounds of mandatory detention, general penalties for convictions, immigration law’s general disregard for equitable factors.

Marshall L. Cohen

Convictions and admission of criminal acts as defined under the immigration AND NATIONALITY ACT

  • Statutory definition of convictions
  • Consequences of admitting commission of unindicted criminal acts
  • Attempts and conspiracies to commit criminal acts
  • The importance of sentencing language
  • Nolo and guilty pleas
  • Finality and post-conviction relief
  • Keeping potentially available relief from removal in mind while negotiating a plea agreement.

Marshall L. Cohen

CRIMINAL REMOVAL GROUNDS UNDER THE IMMIGRATION AND NATIONALITY ACT

  • CIMT’s
  • Drug offenses
  • Domestic violence
  • Aggravated felonies

Nisha K. Karnani, Cohen & Associates, Atlanta

Carlos E. Solomiany, Ross & Pines LLC, Atlanta

The effect of criminal activity on waivers, relief from removal, adjustment of status to lawful permanent residence, and naturalization

  • Availability of 212(c) waiver
  • Cancellation of removal
  • 212(h) waiver
  • Asylum, Withholding of Removal, and Convention Against Torture

Carolina Antonini, Antonini Law Firm, Atlanta

EXTRAORDINARY, NON-WAIVER RELIEF FROM REMOVAL

  • Prosecutorial discretion
  • Pardons
  • Temporary protected status (TPS)

Kerry E. McGrath, Law Office of Kerry E. McGrath, LLC, Decatur

CONSTITUTIONAL ANALYSIS OF GEORGIA HOUSE BILL 87, “GEORGIA ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT”

  • History of anti-immigrant legislation in Georgia
  • Provisions of HB 87
  • Constitutional challenge
  • Potential impact on foreign nationals and employers

Azadeh Shahshahni, Director, National Security/Immigrants’ Rights Project, ACLU of Georgia, Atlanta

THE IMPACT OF Padilla v. Kentucky ON AttorneyS representing foreign nationals

  • Albert Wan, Attorney at Law, Atlanta
  • Jean Sperling-Cavallero, Campano & Sperling, Atlanta