Immigration Consequences of Massachusetts Criminal Convictions
, Committee for Public Counsel Services Immigration Impact Unit, 2013.
Written for defense attorneys, this guide presents "the most conservative analysis of the ramifications of criminal conduct." Includes detailed information on grounds for deportation or inadmission, post-conviction relief, expungement and pardon, and helpful charts of crimes and immigration consequences.
MGL c.278, s.29D
Court must advise defendants making a plea of guilty, plea of nolo contendre, or an admission to sufficient facts of potential immigration consequences
8 U.S.C. 1101 (a)(43)
Definition of aggravated felony under 8 U.S.C. 1227 (a)(2)(A)(iii)
8 U.S.C. 1101 (a)(48)
Definition of conviction and sentence
8 U.S.C. 1227 (a)(2)-(7)
Grounds for deportation such as crimes of moral turpitude, aggravated felonies, failure to register as a sex offender, controlled substances convictions, firearms offenses, crimes of domestic violence, among others
Carachuri-Rosendo v. Holder
, 560 U.S. 379, 130 S.Ct. 2577 (2010)
Clarifies which drug offenses are considered aggravated felonies. See Committee for Public Counsel Services Practice Advisory
Moncrieffe v. Holder
, 569 U.S. __, (2013)
Small amounts of marijuana. If a noncitizen’s conviction for a marijuana distribution offense fails to establish that the offense involved either remuneration or more than a small amount of marijuana, it is not an aggravated felony under the INA.
Padilla v. Kentucky
, 559 U.S. 356, 130 S.Ct. 1473 (2010)
Postconviction proceeding holding that an attorney provides ineffective assistance of counsel by failing to inform a noncitizen client that a guilty plea may result in deportation.
Commonwealth v. Clarke
, 460 Mass. 30 (2011)
Postconviction proceeding holding that the decision in Padilla v. Kentucky applies retroactively to guilty pleas entered after April 1, 1997. Defendant must show counsel's ineffectiveness and resulting prejudice. See Committee for Public Counsel Services Practice Advisory.
Commonwealth v. DeJesus
, 468 Mass. 174 (2014)
Defense attorneys must be very clear when explaining the potential consequences of a guilty plea and telling immigrants they could be “eligible for deportation” is not sufficient where deportation is a virtual certainty.
Commonwealth v. Gordon
, 82 Mass. App. Ct. 389 (2012)
An evidentiary hearing is required where a defendant who pled guilty to charges including firearms offenses and assault and battery on a police officer (ABPO) moved for a new trial. The defendant alleges that he received ineffective assistance of counsel when he was not correctly informed of the consequence of the guilty plea to the ABPO charge.
Commonwealth v. Grannum
, 457 Mass. 128 (2010)
Postconviction proceeding based upon violation of MGL c. 278, s. 29D. Defendant must show more than just a hypothetical risk of deportation. See Committee for Public Counsel Services Practice Advisory.
Commonwealth v. Nsubuga
, 88 Mass. App. Ct. 788 (2015)
Admission to sufficient facts."A District Court judge properly denied a criminal defendant's motion to withdraw his admission to sufficient facts to establish the crime of assault and battery where, at the time of the defendant's admission in 2004, the judge correctly provided the defendant, a legal resident alien, with the immigration warnings prescribed by the 1996 version of G. L. c. 278, § 29D, given that the 2004 amendment to the statute, requiring an explicit warning as to the immigration consequences of an admission to sufficient facts, had not taken effect."
Matter of Corcino, 2007 WL 1430785 (2007) (unpublished decision of the Board of Immigration Appeals) Massachusetts "continuance without a finding" under MGL c. 278, s. 18, held to be a conviction under 8 U.S.C. 1101 (a)(48)
- Immigration Consequences of Criminal Activity
, Congressional Research Service, October, 2006
"This report discusses the potential immigration consequences of criminal activity. “Criminal activity” generally refers to conduct for which an alien has been found or plead guilty before a court of law, though in limited circumstances consequences may attach to the commission of a crime or admission of acts constituting the essential elements of a crime. Consequences may flow from violations of either federal, state or, in many circumstances, foreign criminal law." Note: None of the proposed bills detailed in the section on "Recent Legislative Developments" were enacted.
- Immigration Consequences of Criminal Convictions
. National Lawyers Guild, Massachusetts Chapter, Inc.
Eight page summary of portions of the changes to the Immigration and Nationality Act amendment of 1996, which relate to criminal charges and deportation.
- Immigration Consequences of Criminal Proceedings
, Lori Rosenberg, Daniel Kanstroom and Jennifer J. Smith, 2011.
Includes Legal Categories for People, Overview of the Effects of Criminal Proceedings, Specific Grounds of Inadmissibility Related to Crime, Specific Grounds of Removal Related to Crime, Possible Waivers and Other Forms of Relief, and Postconviction Measures Available to Defense Counsel
- Post-Deportation Human Rights Project
. Center for Human Rights and International Justice at Boston College
The Post-Deportation Human Rights Project offers a novel and multi-tiered approach to the problem of harsh and unlawful deportations from the United States. It is the first and only legal advocacy project in the country to systematically undertake the representation of individuals who have been deported from the United States. It has links to resources for attorneys, and for deportees and family members.
- Committee for Public Counsel Service Immigration Impact Unit
The CPCS Immigration Impact Unit is available to all CPCS staff attorneys and bar advocates for assistance on matters affecting noncitizen clients by providing training, post-conviction litigation support, and advice on minimizing adverse immigration consequences in individual cases. See also: Committee for Public Counsel Service Immigration Impact Unit - Links to Other Resources .
- A Bench Guide for State Trial Court Judges on the Immigration Consequences of State Court Criminal Actions , Center for Public Policy Studies, 2010
- Crime and consequence: The Collateral Effects of Criminal Conduct , MCLE, 2013. Chapter 8: Immigration
- Criminal/Immigration Law Training Conference
. Mass. Bar Inst., 2012.
Includes Immigration consequences of criminal conduct - Ice custody, detainers, bail issues, immigration bond/mandatory immigration detention - Post-conviction relief - Forms of immigration relief and the role of criminal convictions.
- From Criminal to Immigration Court: Immigration Consequences of Criminal Conduct , Massachusetts Bar Institute, 2010
- Immigration Consequences of Criminal Activity: A Guide to Representing Foreign-born Defendants , American Immigration Lawyers Association, 2012
- Immigration, Criminal Defense and Civil Rights , MCLE, 2011
- Immigration Law and Crimes , West, 2012 with supplement
- Kurzban's Immigration Law Sourcebook
, American Immigration Council, 2012
Chapter 3: Admission and removal
- Massachusetts Practice v. 30A (Criminal Practice and Procedure)
, ThomsonWest, with supplement
Sections 23.60-23.62: Statutory warning
- Massachusetts Practice v. 42 (Criminal Defense Motions)
, ThomsonWest, with supplement
Sections 8.8-8.10: Immigration and Sample Post-Conviction Motions
Last update: January 13, 2016