RESUME

NORTON TOOBY

Named by The Daily Journal as one of the
Top 100 leading attorneys in California for 2008!
September 17, 2008

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)

Rose Cahn joined the Law Offices of Norton Tooby after completing a clerkship with the Hon. Warren J. Ferguson of the U.S. Court of Appeals for the Ninth Circuit. She graduated cum laude in 2007 from New York University School of Law, where she was a recipient of the Root-Tilden-Kern public interest scholarship and served as Articles Selection Editor for the Review of Law and Social Change.

     During law school, Rose co-wrote two amicus briefs to the U.S. Supreme Court in conjunction with successful litigation to limit the overly broad interpretation of the drug trafficking aggravated felony provision of the INA. She also represented a local community activist placed in removal proceedings and an immigrant restaurant worker in federal wage and hour litigation. She assisted the Immigrant Defense Project of the New York State Defenders Association revise their manual, Representing Noncitizen Criminal Defendants, and advised immigrants and thier advocates about the immigration consequences of criminal convictions.

     Prior to law school, Rose worked as an Immigrant Advocate at the Legal Services Fund of Local 32 B-J, SEIU, AFL-CIO. There she provided free legal assistance to building and janitorial workers and specialized in naturalization applications and family-based petitions. She also designed and led "Know Your Rights" presentations at union membership meetings.

     Rose graduated with highest honors from Wesleyan University in 2001. During college, she worked with the United Farm Workers and investigated labor conditions in Nicaragua's banana industry.

     Rose is licensed to pratice law in California.