Selected Bibliography
on Criminal
and Immigration Law
A selected bibliography
of legal materials useful in determining the immigration
consequences of criminal convictions and ways in which they
can be eliminated or ameliorated.
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TOPICS
- General
- Immigration
Consequences
- State
References
- Record
Clearance
- Post-Conviction
- Ineffective
Assistance of Counsel
- Criminal
Defense
- Aggravated
Felony
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GENERAL
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Markowitz, Straddling
the Civil-Criminal Divide: A Bifuricated Approach to Understanding
the Nature of Immigration Removal Proceedings, 43 Harvard Civil
Rights-Civil Liberties Law Review, Vol. 43, No. 2, 2008
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1015322
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| The
basic work in the field nationally was written under the auspices
of the National Immigration Project of the National Lawyers Guild
by Dan Kesselbrenner & Lory D. Rosenberg, IMMIGRATION LAW
AND CRIMES (West Group, 2002). |
| Edward
J. Imwinkelried, An Extended Footnote to "Statutory Constructions
Not for the Timid," 30 THE CHAMPION 36 (May 2006). |
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IMMIGRATION
CONSEQUENCES
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N. Tooby, editor, IMMIGRATION CONSEQUENCES OF CRIMINAL CONVICTIONS
(1999)(emphasis on California criminal law and federal immigration
law). |
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K. Brady and D. Kesselbrenner, "Recent Developments in the
Immigration Consequences of Criminal Conduct," in II 1997-1998
AILA IMMIGRATION AND NATIONALITY LAW HANDBOOK -- Advanced Practice
282 (1997). |
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M. Kenmore, "Relief for Crimes in Transition," in II 1997-1998
AILA IMMIGRATION AND NATIONALITY LAW HANDBOOK -- Advanced Practice
299 (1997). |
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A. Lomangino, "Representing the Criminal Alien: Forms of Relief
Available," in II 1997-1998 AILA IMMIGRATION AND NATIONALITY
LAW HANDBOOK -- Advanced Practice 317 (1997). |
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R. Prinz, "The 1996 Criminal Alien Legislation in 1997: An
Overview," in Practice Under IIRAIRA One Year Later: Regulations,
Case Law and Agency Interpretations 205 (AILA, R. Patrick Murphy,
ed. December, 1997). |
| American
Immigration Lawyers Association, IMMIGRATION CONSEQUENCES OF
CRIMINAL CONVICTIONS IN THE NINETIES: WHAT EVERY IMMIGRATION AND
CRIMINAL LAWYER NEEDS TO KNOW (M. Kramer & A. Novick, eds.
1995). |
| Jill
Sheldon, Immigration Consequences of Criminal Convictions (2006).
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OF PAGE
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Donald E. Wilkes, Jr., STATE POST-CONVICTION REMEDIES AND RELIEF
(1996 and 1998 Supp.). |
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California
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| The
Immigrant Legal Resource Center's full volume devoted to this area,
covering California criminal law for both immigration and criminal
practitioners, is K. Brady, D. Schwartz, N. Tooby & M. Mehr,
CALIFORNIA CRIMINAL LAW AND IMMIGRATION (Immigrant Legal
Resource Center 2002). |
| The
California Continuing Education of the Bar treatise on California
Criminal Procedure, CALIFORNIA CRIMINAL LAW: PROCEDURE AND PRACTICE
(4th Ed. 2002), contains Chapter 48, K. Brady, D. Keener, &
N. Tooby, Representing the Noncitizen Criminal Defendant. |
| N.
Tooby, CALIFORNIA POST-CONVICTION RELIEF (2002).
BUY IT! |
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New
York
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M. Vargas, REPRESENTING NONCITIZEN CRIMINAL DEFENDANTS IN
NEW YORK STATE ( NY State Defender's Association, Criminal
Defense Immigration Project 2001). |
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Minnesota
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M. Baldini-Potermin, DEFENDING NON-CITIZENS IN MINNESOTA COURTS
(1998). |
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RECORD
CLEARANCE
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Annot., AVAILABILITY AND APPROPRIATENESS OF AUDITA QUERELA RELIEF
IN CONNECTION WITH IMMIGRATION AND NATURALIZATION PROCEEDING,105
A.L.R. Fed. 880. |
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For information on the writ of coram nobis in California, see C.E.B.,
APPEALS AND WRITS IN CRIMINAL CASES §§ 2.149-2.180
(1982); Erwin, Millman, Monroe, Sevilla, Tarlow, CALIFORNIA CRIMINAL
DEFENSE PRACTICE, §102.20 (Matthew Bender); Prickett, "The
Writ of Error Coram Nobis in California," 30 Santa Clara
L. Rev. 1 (1990). |
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For discussion of writ of error coram nobis and immigration law,
see Kesselbrenner and Rosenberg, IMMIGRATION LAW AND CRIMES
(Matthew Bender), § 4.2(b) and Garcia, "The Coram Nobis
Writ in an Immigration Law Context," 2 U.C.L.A. Chicano
Law Review 92 (1975). |
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Concerning record clearance in California, see Warren Siegel, HOW
TO SEAL YOUR JUVENILE AND CRIMINAL RECORDS: LEGAL REMEDIES TO CLEAN
UP YOUR PAST (July 1997), available from Nolo Press, 950 Parker
Street, Berkeley, CA 94710. |
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N. Tooby, CALIFORNIA EXPUNGEMENT MANUAL (2002).
BUY IT! |
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N. Tooby, "VACATING CRIMINAL CONVICTIONS," in II 1997-1998
AILA IIMMIGRATION AND NATIONALITY LAW HANDBOOK -- Advanced Practice
339 (1997). |
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N. Tooby, "Evaluating the Chances of Obtaining Post-Conviction
Relief: What Immigration Lawyers Need to Know," in Practice
Under IIRAIRA One Year Later: Regulations, Case Law and Agency Interpretations
223 (AILA, R. Patrick Murphy, ed. December 1997). To read this article
online, click here. |
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N. Tooby, CALIFORNIA POST-CONVICTION RELIEF FOR IMMIGRANTS
(2002).
BUY IT! |
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POST-CONVICTION
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G. Neuman, "HABEAS CORPUS, EXECUTIVE DETENTION AND REMOVAL
OF ALIENS" May 1998, 98 Colum. L. Rev. 961 |
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Detailed discussion of federal habeas corpus procedure may be found
in J. Liebman and R. Hertz, FEDERAL HABEAS CORPUS PRACTICE AND
PROCEDURE (The Michie Co. 1998); C.E.B., Appeals and Writs
in Criminal Cases (1982 and current Supp.), Chapter 4; C.E.B.,
CALIFORNIA CRIMINAL LAW: PROCEDURE AND PRACTICE (2d ed. 1994),
Chapter 43; CALIFORNIA CRIMINAL DEFENSE PRACTICE (1995) §
102.11. |
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L. Yackle, POSTCONVICTION REMEDIES (1981 & Feb.1999 Cum.
Supp.) |
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I. Robbins, HABEAS CORPUS CHECKLISTS (1996)
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N. Tooby, POST-CONVICTION RELIEF, in K. Brady, N. Tooby,
et al., CALIFORNIA CRIMINAL LAW AND IMMIGRATION (Immigrant
Legal Resource Center 2002)[California law] |
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D. Kesselbrenner & L. Rosenberg, IMMIGRATION LAW AND CRIMES
(1996 - 2002), Chap. 4. |
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Donald E. Wilkes, Jr., STATE POSTCONVICTION REMEDIES AND RELIEF
(1996 and 1998 Supp.). |
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Donald E. Wilkes, Jr., FEDERAL POSTCONVICTION REMEDIES AND RELIEF
(1996 and 1998 Supp.). |
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Annot., EFFECT OF EXPUNGEMENT OF CONVICTION ON § 241(a)(4)(II)
OF IMMIGRATION AND NATIONALIZATION ACT OF 1952, MAKING ALIENS DEPORTABLE
FOR CRIMES INVOLVING MORAL TURPITUDE OR DRUGS, 98 A.L.R. Fed.
750 (1990). |
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INEFFECTIVE
ASSISTANCE OF COUNSEL
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Failure to advise defendant concerning immigration consequences.
Bogdan, Attila. Guilty pleas by non-citizens in Illinois: immigration
consequences reconsidered. 53 DePaul L. Rev. 19-66 (2003). |
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Failure to advise defendant concerning immigration consequences.
John F. Fatino, Ineffective Assistance of Counsel: Identifying the
Standards and Litigating the Issues, 49 S. Dak. L. Rev. 31 (2003).
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Justman, Rob A. Comment. The effects of AEDPA and IIRIRA on ineffective
assistance of counsel claims for failure to advise alien defendants
of deportation consequences of pleading guilty to an "aggravated
felony". 2004 Utah L. Rev. 701-737. |
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Concerning California counsel's obligation to cooperate with successor
counsel, even where an ineffective assistance claim is in the wind,
see California State Bar Standing Committee on Professional Responsibility
and Conduct, Formal Opinion No. 1992-127. It held original counsel
must turn over the entire file (which belongs to the client) including
the attorney's notes, and must answer all oral questions if failure
to do so would prejudice the client. This Ethics Opinion, which
was mailed to all California attorneys, is extremely useful in obtaining
cooperation of original counsel. |
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Concerning counsel's obligation to retain the file, see Los Angeles
County Bar Ass'n, Formal Ethics Opinion No. 420 stated: "In
the absence of written instruction by the client, the client's file
relating to a criminal matter in the possession of an attorney should
be retained by the attorney and not destroyed." |
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Concerning ineffective counsel claims, an excellent article is Sevilla,
"Investigating and Preparing an Ineffective Assistance of Counsel
Claim," 37 Mercer L. Rev. 927 (1986) and, focusing on immigration
cases, "Ineffective Assistance of Counsel," by Lory D.
Rosenberg and Kenneth H. Stern, Interpreter Releases, May
23, 1988, pp. 529-537. |
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For a useful checklist of California decisions identifying successful
(and unsuccessful) grounds of IAC, see ATTORNEY INCOMPETENCE,
Appendix A, Grounds of Incompetence, 17 Western State L. Rev. 270. |
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Annot., INEFFECTIVE ASSISTANCE OF COUNSEL: MISREPRESENTATION,
OR FAILURE TO ADVISE, OF IMMIGRATION CONSEQUENCES OF WAIVER OF JURY
TRIAL, 103 A.L.R. Fed. 867. |
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Annot., INEFFECTIVE ASSISTANCE OF COUNSEL: Failure to Seek Judicial
Recommendation Against Deportation . . . ., 94 A.L.R. Fed. 868. |
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Larry Fassler, INEFFECTIVE ASSISTANCE OF COUNSEL (Southwest
Legal Services, P.O. Box 57091, Tucson, AZ 85732, 1994). |
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Annot., INEFFECTIVE ASSISTANCE OF COUNSEL: Misrepresentation,
or Failure to Advise, of Immigration Consequences of Guilty Plea
-- Federal Cases, 90 A.L.R. Fed. 748. |
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OF PAGE
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CRIMINAL
DEFENSE
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United States Attorney's
Criminal Resource Manual: http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/title9.htm
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Rupp, SPECIAL CONSIDERATIONS IN REPRESENTING THE NON-CITIZEN
DEFENDANT, Federal Defenders of San Diego, Inc., Defending a
Federal Criminal Case 813 (1998). |
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N. Tooby, "CRIMINAL DEFENSE OF NON-CITIZENS," 22
N.L.G. National Immigration Project Immigration Newsletter,
Nos. 3-4 (February & June, 1995). |
| The
California Continuing Education of the Bar treatise on California
Criminal Procedure, CALIFORNIA CRIMINAL LAW: PROCEDURE AND PRACTICE
(4th Ed. 2002), contains Chapter 48, K. Brady, D. Keener, &
N. Tooby, Representing the Noncitizen Criminal Defendant. |
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The best general introduction to basic criminal defense, with a
comprehensive account of the constitutionally required minimum standards
of fairness, is the three-volume A. Amsterdam, TRIAL MANUAL 5
FOR THE DEFENSE OF CRIMINAL CASES (1988). |
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Ed Swanson, CHALLENGING ALIENAGE
-- IS YOUR CLIENT A U.S. CITIZEN?, Appendix 9-B, Part Two, to
K. Brady & N. Tooby, Aggravated Felonies, Chap. 9, in
K. Brady, supra. |
| M.
Cherif Bassiouni, International Extradition: United States Law &
Practice (4th ed. 2005). |
| Margaret
H. Taylor & Ronald F. Wright, The Sentencing Judge as Immigration
Judge, 51 Emory L.J. 1131 (2002). |
| Milton
Hirsch, "For Transporting Us Beyond Seas": The Extraordinary
Doctrine of "Extraordinary Rendition," 30 THE CHAMPION
46 (May 2006). |
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| Siepp,
The Aggravated Felony Concept in Immigration Law: Traps for the
Unwary and Opportunities for the Knowledgeable, 02-01 Immigration
Briefings 1 (Jan. 2002) |
| Kemper,
What Constitutes "Aggravated Felony" for Which Alien Can
be Deported or Removed Under § 237(a)(2)(A)(iii) of the Immigration
and Nationality Act, 01-11 Immigration Briefings 1 (Nov. 2001). |
| Lynn
Hartfield, Challenging Crime of Violence Sentence Enhancements in
Federal Court, 30 THE CHAMPION 28 (May 2006). |
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