Seminar Topics: I. Multiple Drug Possession Aggravated Felonies - The Supreme Court's forthcoming decision in Carachuri- Rosendo will be decided by the time of the seminar, outlining when a second possession conviction constitutes an aggravated felony, and related topics. II. Crime of Violence Aggravated Felonies Under 18 U.S.C. § 16(b) - Defenses such as the actual violence requirement, the requirement that the conviction be a felony, and the use of statistics to avoid a finding of a substantial likelihood that actual violence would be used in the commission of the offense. III. Good Moral Character - Crime-related statutory bars to showing good moral character, which affect many important categories of immigration relief such as naturalization. IV. Post-Conviction Relief Based on Ineffective Assistance of Counsel - The Supreme Court's forthcoming decision in Padilla v. Kentucky will be decided, on whether defense counsel's affirmative misadvice on immigration consequences constitutes reversible ineffective assistance of counsel.   About the Instructors Norton Tooby graduated in 1967 with a B.A. from Harvard, and in 1970 with a J.D. from the Stanford Law School, where he served as President of the Stanford Law Review. He has been listed in BEST LAWYERS IN AMERICA, and called "the best post-conviction lawyer in the United States." 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." His national practice is based in Oakland, California. He consults in person and by telephone concerning immigration consequences of criminal convictions. He also obtains post-conviction relief from criminal convictions for immigrants nationwide, and writes practice manuals for immigration and criminal lawyers Casework - He handled a death penalty appeal in the California Supreme Court, which resulted in reversal of all convictions and in which the client was set at liberty. People v. Marks, 45 Cal.3d 1335 (1988). His published post-conviction victories in the field of post-conviction relief for immigrants include People v. Totari, 111 Cal.App.4th 1202 (2003) (reversing trial court's order denying a motion to vacate a conviction under Penal Code § 1016.5); People v. Totari, 28 Cal.4th 876 (2002) (holding that denial of a motion to vacate a conviction under Penal Code § 1016.5 is appealable); In re Resendiz, 25 Cal.4th 230 (2001) (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 on the briefs and in oral argument). He is lead counsel in People v. Kim, S153183, now pending in the California Supreme Court, which will determine (1) whether the criminal court has authority to grant coram nobis relief after custody has expired 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 investigate and advise the defendant concerning the adverse immigration consequences of a plea. Publications - CALIFORNIA POST-CONVICTION RELIEF FOR IMMIGRANTS (2002), POST-CONVICTION RELIEF FOR IMMIGRANTS (National Edition 2004), CALIFORNIA EXPUNGEMENT MANUAL (2002), and, with J.J. Rollin, CRIMINAL DEFENSE OF IMMIGRANTS (4th ed. 2007), SAFE HAVENS: HOW TO IDENTIFY AND CONSTRUCT NON-DEPORTABLE CONVICTIONS (2005), CRIMES OF MORAL TURPITUDE (2d ed. 2005), and AGGRAVATED FELONIES (3d ed. 2006). For five years, he served as the Update Editor for D. Kesselbrenner & L. Rosenberg, IMMIGRATION LAW AND CRIMES (West 2007). He also maintains the website at www.CriminalAndImmigrationLaw.com. Seminars - Norton Tooby is very experienced at designing and delivering excellent seminars, using sophisticated, interactive adult-education techniques with written materials, powerpoint projections, and exercises. The participant evaluations from his most recent seminar averaged 4.5 on a scale of 5, and prompted the following written comments: "Great written material." "All of my questions and concerns have been answered." "Very knowledgeable re: subject matter; made material easy to understand." "Thanks for being so current. "Excellent outlining." "Written materials were great." "Very clear." "You have mastered the material and the case law analysis, right up-to-date." "You are so knowledgeable and have so much to say and your delivery (tone, stories, grasp of the material) that every word you speak at the seminar is very important. Your love for the subject matter is obvious, too." Dan Kesselbrenner is a nationally-recognized expert on the immigration consequences of criminal convictions. He supervises all National Immigration Project work having to do with incarceration and detention issues for immigrants, including our 2002-2003 Defending Rights Program (funded by the Ford Foundation) and our on-going prison letters program. Dan also represents the National Immigration Project on coalition projects such as the Soros and Ford funded Defending Immigrants Partnership, the BIA Pro Bono Appeals Project, and the legal team for the 2003 Immigrant Workers Freedom Ride. He is the co-author of Immigration Law and Crimes (West Publishing) and numerous articles on immigration law. In 1992, he served on President Clinton’s Department of Justice Immigrant Transition Team. He has also received the American Immigration Lawyers Association’s Jack Wasserman Award, the National Immigration Project’s Carol King Award, and Central American Refugee Center’s Achievement Award for his work advancing and defending immigrants’ rights. "Norton and Dan are not only national experts, but fantastic trainers as well." - Kathy Brady "Excellent coverage of issues currently undergoing change in the field." - Erica Tomlinson "Not only brilliant legal strategies, but cutting edge learning techniques for really understanding and applying them to make a difference." - Ann Benson "... the best course in the field." - Faribourz Rouzbehani To be notified when this seminar is updated, click here. Cancellations: All advance payments are fully refundable until 7 days prior to the scheduled seminar date. Cancellations received after that date are subject to a $35 service charge. Cancellations received on or after the first scheduled seminar date are non-refundable. MCLE Credit The Law Offices of Norton Tooby is a State Bar of California approved provider. 6.5 hours of MCLE credit are available to participants of this seminar who are members of the California bar. If you are not a member of this bar association, please contact your state bar association to find out if credit is transferable.