This is a brief post today — but I had a great question from a fellow practitioner, and I know it was a problem for me, too, when I first started practicing. This advice applies to immigration court relief, but oddly, is the same (largely) tactic taken for sentencing defense and allocution.
St. Jude is our patron over here at Hanover Law, so I know the pain you are experiencing. First thing first…you need to make a criminal chart. We do these all the time for sentencing (determining the “point score” for penalty purposes) – but you need them in immigration, too. You mentioned a passel of possible problems (criminal).
- Begin with a list of the charges he has had on the left side of the chart, one after the other.
Across the top, place the following columns: date charged, date of disposition, max penalty, actual disposition, completed? , Immigration consequence (aggravated felony, CIMT, other)
- Create a second chart entitled “Immigration Engagements”.
On the left, place the name of each Court, or events (for example, “Immigration Court, York”, or “EWI – entry Texas”). Across the top, place a column each for “Event Date (NTA served, EWI’ed, etc.)”, “Date Resolved (dispotion, admitted legally, ect.)”
When you have both of these charts, then you can plan the appropriate defense. Appropriate defenses include cancellation of removal, 212(c) relief, prosecutorial discretion, DAP/DACA and other deferments, and various types of asylum, to name just a few.
If you have gotten this far, and your charts are assembled, give me a ring! I can help work out what relief is appropriate.