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Discretionary Relief from Consequences of Criminal Convictions in ...


AEDPA and the IIRIRA: Treating Misdemeanors as Felonies for ...

limit the cases where discretionary relief from removal can be sought.",50 A ... past criminal convictions.98 In all four cases, the court held that ...

Discretionary Waivers of Criminal Grounds of Inadmissibility Under ...

In deciding whether to grant relief, immigration authorities must balance any adverse factors with favorable social and humane considerations ...

Tooby's California Post-Conviction Relief for Immigrants

The Law Offices of Norton Tooby helps foreign nationals avoid adverse immigration consequences of crimes anywhere in the nation.

Post-Conviction Remedies - American Bar Association

(a) Original proceedings to entertain applications for postconviction relief should be vested in a trial court of general criminal jurisdiction. (b) An action ...

Efficient Case and Docket Management in Immigration Proceedings

... relief with USCIS). As the Department ... sentences or to criminal proceedings predating that decision would have a retroactive effect.

Practice Advisory: Representing Criminalized Survivors - asista

In this advisory, we will survey the impact of criminal grounds of inadmissibility on common forms of relief available to immigrant survivors of ...

POST-CONVICTION RELIEF AND EXPUNGEMENT PETITIONS ...

As a result, “non-citizens who are convicted of relatively minor crimes, including misdemeanors, face harsh immigration consequences because ...

Certificate of Relief From Disabilities | Livingston County, NY

A Certificate of Relief from Disabilities (CRD) is a way to remove certain Collateral Consequences of a criminal conviction. Having the CRD can remove bars ...

RISKS TO IMMIGRANTS FROM DRUG COURT PARTICIPATION

for naturalization or for certain types of discretionary relief. Being a drug abuser or addict can make a person deportable even without conviction of a crime.

PRO SE GUIDE TO PROSECUTORIAL DISCRETION

→ Do not have a history of violent crimes or felony convictions ... In weak cases or if you have no relief available, prosecutorial discretion may ...

Collateral Consequences

It is common knowledge that criminal conviction can lead to traditional forms of punishment: incarceration, monetary fine, and supervision following or in lieu ...

Collateral Consequences of Criminal Convictions in Kentucky

... Discretionary Disqualification of Convicted. Persons, Standard 19-1.1, 2004 ... relief from the status of a felon.І№ KRS. 527.040. І№ For purposes of KRS ...

Arbitrary Arbiters: Evaluating the Right to Be Informed of Eligibility for ...

discretionary relief itself, regardless of the ultimate discretionary decision. ... for certain aliens with criminal convictions if he is satisfied that ...

Advisory Council on Immigration Issues in Family

... criminal convictions, and any active ... Benefit or Relief from. Removal. Discretionary Denial of. Immigration Benefit or. Relief from Removal.

Chapter 10 - Legal Analysis and Use of Discretion - USCIS

[^ 32] In cases where a removal order does not impact ... discretion in certain cases involving violent or dangerous crimes except in extraordinary circumstances.

Brief of Respondent - In the Supreme Court of the United States

render the alien ineligible for relief and directs the alien to describe any prior criminal history. ... disqualified from seeking discretionary ...

Deportation is Different

... conviction of certain crimes, with no discretionary relief. . . . ... and Direct Consequences of Criminal Convictions: Involuntary Commitment of “Sexually Violent.

The Unconstitutionality of the Particularly Serious Crime Bar

The bar can be used to deny an applicant relief from deportation in almost any case and any circumstance. It is applied by judicial discretion, and it lacks ...

Determining the Retroactive Effect of Laws Altering the ...

Nancy Morawetz, Determining the Retroactive Effect of Laws Altering the Consequences of Criminal Convictions, 30 Fordham Urb. ... receive discretionary relief ...

Immigration consequences of criminal proceedings

removal," a form of discretionary relief from removal available to individuals in unlawful ... discretion which may result in some cases not being ...