This advanced course provides an intensive, practice-oriented examination of the immigration consequences of criminal convictions, focusing on how interactions with the criminal legal system can impact noncitizens’ immigration status, benefits, relief eligibility, and removal risk. Through legal analysis of statutes, case law, and agency practice, students will gain practical skills in identifying deportability and inadmissibility triggers, interpreting conviction records, applying the categorical and modified categorical approaches, and advising clients on post-conviction relief options.
The course bridges criminal and immigration law, with real-world simulations involving bond hearings, removal defense, waiver strategy, and interagency coordination. Designed for immigration attorneys, public defenders, and corporate or nonprofit counsel, this course equips practitioners to mitigate, defend against, and strategically manage the immigration fallout of criminal charges and convictions.
Course Objectives
By the end of the course, students will be able to:
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Analyze how criminal offenses intersect with grounds of inadmissibility and deportability under the INA.
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Apply the categorical and modified categorical approaches to determine whether a conviction triggers immigration consequences.
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Advise clients and criminal defense attorneys on plea consequences and immigration-safe dispositions.
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Prepare EOIR and USCIS filings involving waivers, relief applications, and motions based on criminal records.
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Assess eligibility for post-conviction relief and evaluate its immigration effectiveness.
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Navigate agency and court procedures where criminal history plays a pivotal role.
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Conduct high-level legal analysis in complex or aggravated felony cases.
