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New York Quick Reference Chart, 2019 Edition

The 2019 Edition of the Immigrant Defense Project’s New York Quick Reference Chart has been revised and is now available with updates current through the 2018 calendar year.

Immigration law and practice change constantly. By subscribing to the 2019 Edition of the New York Quick Reference Chart, your entire practice will have access to newly updated information about the possible immigration consequences of specific, commonly charged New York offenses. Subscribers will receive practice notes about significant legal developments and a 20% discount on the next update, expected in January 2020.

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The 2019 Edition of the Immigrant Defense Project’s New York Quick Reference Chart has been revised and is now available with updates current through the 2018 calendar year.

Immigration law and practice change constantly. By subscribing to the 2019 Edition of the New York Quick Reference Chart, your entire practice will have access to newly updated information about the possible immigration consequences of specific, commonly charged New York offenses. Subscribers will receive practice notes about significant legal developments and a 20% discount on the next update, expected in January 2020.

New Developments

Staying up to date with the latest decisions is essential in the high-stakes, quickly changing field of immigration law. The New York Quick Reference Chart reflects changes in case law as well as changes in the way DHS chooses to charge non-citizens convicted of New York offenses. The practice tips are revised to ensure that practitioners are aware of the most viable arguments today. In the last year, several decisions have prompted IDP to change its assessment of the immigration consequences and best tips for practitioners. For example:

Article 120 assault and related offenses (including stalking offenses)

  • Elimination of the risk that certain New York assault and related offenses will be deemed “crime of violence” aggravated felonies under the current 18 USC 16(b) residual clause as a result of the U.S. Supreme Court decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018)
  • Increase in the risk that certain New York assault and related offenses will be deemed “crime of violence” aggravated felonies under the 18 USC 16(a) elements clause, at least in cases arising under the jurisdiction of the U.S. Court of Appeals for the Second Circuit (e.g., removal proceedings in New York, Connecticut and Vermont) as a result of the Second Circuit’s decision in Villanueva v. U.S., 893  F.3d 123 (2d Cir. 2018)
  • Decrease in the risk that certain New York stalking offenses will be deemed crimes of stalking as a result of the BIA decision in Matter of Sanchez-Lopez, 27 I&N Dec. 256 (BIA 2018)

Article 125 homicide and related offenses

  • Elimination of the risk that certain New York homicide and related offenses will be deemed “crime of violence” aggravated felonies under the current 18 USC 16(b) residual clause as a result of the U.S. Supreme Court decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018)
  • Increase in the risk that certain New York homicide and related offenses will be deemed a “crime of violence” aggravated felony under the 18 USC 16(a) elements clause, at least in cases arising under the jurisdiction of the U.S. Court of Appeals for the Second Circuit (e.g., removal proceedings in New York, Connecticut and Vermont) as a result of the Second Circuit’s decision in Villanueva v. U.S., 893  F.3d 123 (2d Cir. 2018)
  • Confirmation that New York criminally negligent homicide and other New York negligence offenses will not be deemed crimes involving moral turpitude as a result of the BIA decision in Matter of Tavdidishvili, 27 I&N Dec. 142 (BIA 2017)

Article 130 sex offenses

  • Elimination of the risk that certain New York sex offenses will be deemed “crime of violence” aggravated felonies under the current 18 USC 16(b) residual clause as a result of the U.S. Supreme Court decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018)
  • Expansion in what New York sex offenses may be categorically deemed “rape” aggravated felonies as a result of the BIA decision in Matter of Keeley, 27 I&N Dec. 146 (BIA 2017)

Article 135 kidnapping, coercion and related offenses

  • Elimination of the risk that certain New York kidnapping, coercion and related offenses will be deemed “crime of violence” aggravated felonies under the current 18 USC 16(b) residual clause as a result of the U.S. Supreme Court decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018)

Article 140 burglary and related offenses

  • Elimination of the risk that certain New York burglary and related offenses will be deemed “crime of violence” aggravated felonies under the current 18 USC 16(b) residual clause as a result of the U.S. Supreme Court decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018)

Article 155 larceny offenses

  • Development of basis for challenging government claims that certain past New York larceny offenses may be categorically deemed crimes involving moral turpitude, at least in cases arising under the jurisdiction of the U.S. Court of Appeals for the Second Circuit (e.g., removal proceedings in New York, Connecticut and Vermont), as a result of the Second Circuit’s decision in Obeya v. Sessions, 884  F.3d 442 (2d Cir. 2018)

Article 160 robbery offenses

  • Confirmation of the risk that New York robbery offenses will probably be deemed a “crime of violence” aggravated felony under the 18 USC 16(a) elements clause, at least in cases arising under the jurisdiction of the U.S. Court of Appeals for the Second Circuit (e.g., removal proceedings in New York, Connecticut and Vermont) as a result of the Second Circuit’s decision in Pereira-Gomez v. U.S., 903  F.3d 155 (2d Cir. 2018)
  • Confirmation of the risk that New York robbery offenses will probably be deemed a “theft” aggravated felony as a result of the BIA decision in Matter of Delgado, 27 I&N Dec. 100 (BIA 2017)

Article 170 forgery offenses

  • Increase in the risk that New York forgery offenses will be deemed an “offense relating to forgery” aggravated felony, at least in cases arising under the jurisdiction of the U.S. Court of Appeals for the Third Circuit (e.g., removal proceedings in New Jersey and Pennsylvania) as a result of the Third Circuit’s decision in Williams v. Att’y Gen., 880  F.3d 100 (3d Cir. 2018)

Article 205 hindering prosecution offenses

  • Increase in the risk that New York hindering prosecution offenses will be deemed “obstruction of justice” aggravated felonies as a result of the BIA decision in Matter of Sanchez-Lopez, 27 I&N Dec. 256 (BIA 2018)

Article 215 offenses relating to judicial and other proceedings

  • Increase in the risk that certain New York criminal contempt offenses will be deemed a “violation of protection order” as a result of the BIA decision in Matter of Obshatko, 27 I&N Dec. 173 (BIA 2017)
  • Confirmation that certain New York bail-jumping offenses, but decrease in the risk that one New York bail-jumping offense, will be deemed a “bail-jumping” aggravated felony, at least in cases arising under the jurisdiction of the U.S. Court of Appeals for the Second Circuit (e.g., removal proceedings in New York, Connecticut and Vermont) as a result of the Second Circuit’s decision in Perez-Henriquez v. Sessions, 890  F.3d 70 (2d Cir. 2018)

Article 220 controlled substance offenses

  • Confirmation of the lessening of the risk of “drug trafficking” aggravated felony and regular controlled substance offense consequences for certain New York controlled substance offenses, at least in cases arising under the jurisdiction of the U.S. Court of Appeals for the Second Circuit (e.g., removal proceedings in New York, Connecticut and Vermont) as a result of the Second Circuit’s decision in Hylton v. Sessions, 897 F.3d 57 (2d Cir. 2018)
  • Development of an argument that certain New York narcotics-related offenses may not be categorically deemed “drug trafficking” aggravated felonies or regular controlled substance offenses, based on reasoning similar to that in the Ninth Circuit’s decision in Lorenzo v. Sessions, 902 F.3d 930 (9th Cir. 2018)
  • Confirmation of the risk that New York controlled substance sale offenses offenses will be deemed crimes involving moral turpitude as a result of the BIA decision in Matter of Acosta, 27 I&N Dec. 420 (BIA 2018)

Article 221 offenses involving marihuana

  • Lessening of the risk of “drug trafficking” aggravated felony consequences for certain New York marihuana sale offenses, at least in cases arising under the jurisdiction of the U.S. Court of Appeals for the Second Circuit (e.g., removal proceedings in New York, Connecticut and Vermont) as a result of the Second Circuit’s decision in Hylton v. Sessions, 897 F.3d 57 (2d Cir. 2018)

Article 240 offenses against public order

  • Decrease in the risk that New York harassment offenses will be deemed crimes of stalking as a result of the BIA decision in Matter of Sanchez-Lopez, 27 I&N Dec. 256 (BIA 2018)

Article 265 firearms and other dangerous weapons offenses

  • Elimination of the risk that certain New York firearm and other weapon offenses will be deemed “crime of violence” aggravated felonies under the current 18 USC 16(b) residual clause as a result of the U.S. Supreme Court decision in Sessions v. Dimaya, 138 S. Ct. 1204 (2018)

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Upon processing your payment, you will be prompted to download this digital resource. By subscribing to the New York Quick Reference Chart (“the resource”) you are:

  • Agreeing not to distribute, reproduce, or otherwise provide or allow access to the resource to anyone, with the exception of individuals employed by your firm or organization.
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