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Criminal
Defense of Immigrants
Chapter
1: Criminal Defense of Noncitizens
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1.9 III. The Basic Approach to Minimizing
Immigration Effects
The basic
approach to defending a criminal case, so as to take immigration
consequences fully into account, and minimize them as much
as possible, is quite simple:
a. Obtain
exact information on the client's immigration situation;FN47
b. Consult
an immigration expert to determine realistic criminal
goals that can minimize immigration consequences;
c. Determine
with the client how important the immigration goals
are, as opposed to traditional criminal defense
goals;
- Formulate
a strategy that gives appropriate weight to the need
to minimize adverse immigration consequences, in light
of the other consequences of the criminal case and the
desires of the client; and
e. Continue
to consult with an immigration attorney since additional
immigration questions frequently arise during the
course of the case.
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