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Norton
Tooby's national law practice is located in Oakland,
California.
This office
* obtains
post-conviction relief from state and federal criminal
convictions for immigrants nationwide
* writes and publishes practice manuals for immigration
and criminal lawyers
* gives seminars, and maintains this website
* consults concerning immigration consequences of
past and future criminal convictions, and how to avoid
them in both criminal and immigration court
Education.
Mr. Tooby
graduated in 1967 with a B.A. cum laude from Harvard,
and in 1970 with a J.D. from the Stanford Law School,
where he served as President of the Stanford Law Review.
Honors
and Awards.
He is
listed in BEST LAWYERS IN AMERICA. In 2000, the Immigrant
Legal Resource Center awarded him its Philip Burton
Immigration & Civil Rights Award for Immigration
Lawyering for "his pioneering work in the field
of post-conviction relief for immigrants."
Published
Decisions.
* People v. Marks (1988) 45 Cal.3d 1335, 248 Cal.Rptr.
874, 756 P.2d 260 (successful death penalty appeal)
*
People v. Totari (2003) 111 Cal.App.4th 1202, 4 Cal.Rptr.3d
613 (reversing trial court's order denying a motion
to vacate a conviction under Penal Code § 1016.5)
* People
v. Totari (2002) 28 Cal.4th 876, 123 Cal.Rptr.2d 76
(holding that denial of a motion to vacate a conviction
under Penal Code § 1016.5 is appealable)
* In
re Resendiz (2001) 25 Cal.4th 230 (holding that defense
counsel's misadvice concerning actual immigration
consequences of plea constitutes ineffective assistance
of counsel, resulting in reversal if prejudice is
shown, even if the defendant was given the advice
on possible immigration consequences required by Penal
Code § 1016.5)(represented amici curiae)
* He is
lead counsel in People v. Kim, S153183, now pending
in the California Supreme Court, which will determine
(1) whether the court has authority to grant coram
nobis relief where no one knew the actual immigration
consequences of a plea, (2) whether the court has
authority to grant a non-statutory motion to vacate
a conviction, after custody has expired, on grounds
of ineffective assistance of counsel, and (3) whether
counsel renders ineffective assistance by failing
to advise the client concerning the adverse immigration
consequences of a plea.
Publications:
* Tooby's
Guide to Criminal Immigration Law: How Criminal and
Immigration Counsel Can Work Together to Protect Immigration
Status in Criminal Cases (2008)
* Tooby's
Crimes of Moral Turpitude (3d ed. 2008) by N. Tooby
& J. Rollin
* Criminal
Defense of Immigrants (4th ed. 2007) by N. Tooby &
J. Rollin
* Aggravated
Felonies (3d ed. 2006) by N. Tooby & J. Rollin
* Safe
Havens: How to Identify and Construct Non-Deportable
Convictions (2005) by N. Tooby & J. Rollin
* Post-Conviction
Relief for Immigrants (National Edition 2004)
* California
Post-Conviction Relief for Immigrants (2002)
* California
Expungement Manual (2002)
* California
Post-Conviction Relief for Immigrants eBook (2008
Edition)
RESUME
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Joseph
Justin Rollin earned his Bachelors Degrees in
Japanese Language and Japan Studies from the University
of Washington in 1997, and graduated from the University
of Washington School of Law in 2001.
While
still in law school, Mr. Rollin assisted the Seattle
Federal Public Defenders Office in its representation
of noncitizens ordered removed from the United States
but indefinitely detained by the Immigration and Naturalization
Service because their countries of nationality would
not accept their return. He assisted the Washington
Defenders Immigration Project by drafting a
500+ page analysis of the immigration consequences
of a conviction for each criminal offense in Washington
State. He also participated in the University of Washington
School of Law Immigrant Family Advocacy Project, which
represents battered women in filing self-petitions
for lawful permanent residency pursuant to the Violence
Against Women Act.
After
graduation, Mr. Rollin spent two years working as
an Attorney Advisor for the Executive Office of Immigration
Review (Immigration Courts), where he assisted more
than fifteen Immigration Judges in all aspects of
the law related to asylum and removal.
For the
last five years, he has been an associate of the Law
Offices of Norton Tooby, assisting noncitizens to
avoid deportation from the United States because of
criminal convictions. He has co-authored four criminal/immigration
practice manuals with Mr. Tooby.
In addition
to the books he has co-authored with Mr. Tooby, he
has published articles on misdemeanor aggravated
felonies and INA § 212(c) relief in Benders
Immigration Bulletin.
Mr. Rollin
is licensed to practice law in Oregon and Washington
State. He is a member of the American Immigration
Lawyers Association.
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