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New York Quick Reference Chart, 2020 Edition

The 2020 Edition of the Immigrant Defense Project’s New York Quick Reference Chart has been revised and is now available with updates current through the 2019 calendar year.

Immigration law and practice change constantly. By subscribing to the 2020 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 2021.

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Description

The 2020 Edition of the Immigrant Defense Project’s New York Quick Reference Chart has been revised and is now available with updates current through the 2019 calendar year.

Immigration law and practice change constantly. By subscribing to the 2020 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 2021.

New Developments

The new January 2020 version of the Quick Reference Chart for Determining Key Immigration Consequences of Common New York Offenses:

  • updates the December 2018 version to reflect law and practice developments affecting various immigration consequences of several categories of New York State criminal offenses; 
  • expands on or clarifies the analysis of some New York offenses; and
  • adds coverage of additional New York offenses not previously included.

The New York offense consequence updates, expansions, and additions reflected in the new January 2020 version of the New York Chart include the following:

 

OVERALL

 

  • Elimination of the risk that post-April 12, 2019 New York Class A misdemeanors may be deemed to fall under aggravated felony categories that require a sentence of imprisonment of one year or longer (and, for such misdemeanors entered prior to April 12, 2019 where a sentence of one year was imposed, reduction by operation of law of any such sentence to 364 days or availability of a new provision to allow vacatur and resentencing to 364 days) as a result of the New York State “One Day to protect New Yorkers” legislation signed into law on April 12, 2019

 

  • Conflicting developments on the realistic probability test applicable in immigration consequences overbreadth determinations for various New York offenses reflected in the BIA decision in Matter of Navarro Guadarrama, 27 I&N Dec. 560 (BIA 2019) and Second Circuit decisions such as Acevedo v. Barr, ___  F.3d ___ (2d Cir., December 3, 2019) in conflict or tension with Hylton v. Sessions, 897 F.3d 57 (2d Cir. 2018) and Hnatyuk v. Whitaker, 757 Fed. Appx. 10, 12 (2d Cir. 2018)

 

NEW YORK PENAL LAW

 

Article 120 assault and related offenses (including stalking offenses)

 

  • 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 Singh v. Barr, 939 F.3d 457 (2d Cir. 2019).

 

  • Decrease in the risk that at least one New York menacing offense will be deemed a crime involving moral turpitude as a result of the BIA decision in Matter of J-G-P, 27 I&N Dec. 642 (BIA 2019)

 

Article 121 strangulation and related offenses

 

  • Addition to the Chart of an analysis of, and development of arguments challenging, possible immigration consequences of each of the NY criminal obstruction of breathing and strangulation offenses included in this Article

 

Article 125 homicide and related offenses

 

  • Confirmation that New York murder offenses will be deemed “crime of violence” aggravated felonies based on the Second Circuit decision in Santana-Felix v. Barr, 924  F.3d 51 (2d Cir. 2019)

 

Article 130 sex offenses

 

  • Increase in the risk that certain New York sex offenses will be deemed a “sexual abuse of a minor” aggravated felony as a result of the Second Circuit decision in Acevedo v. Barr, ___  F.3d ___ (2d Cir., December 3, 2019)

 

  • Development of a basis for challenging government claims that certain New York sex offenses may be categorically deemed crimes involving moral turpitude based on the Fourth Circuit’s decision in Jimenez-Cedillo v. Sessions, 885 F.3d 292 (4th Cir. 2018) (reversing Matter of Jimenez-Cedillo. 27 I&N Dec. 1 (BIA 2017)) and the Second Circuit’s decision in Flores v. Barr, __ Fed. Appx. __ (2d Cir. 2019)

 

Article 135 kidnapping, coercion and related offenses

 

  • Decrease in the risk that New York kidnapping offenses may be deemed aggravated felonies as an offense relating to the demand for or receipt of ransom as a result of the BIA decision in Matter of A. Vazquez, 27 I&N Dec. 503, 506 (BIA 2019).

 

Article 140 burglary and related offenses

 

  • Increase in the risk that certain New York burglary offenses will be deemed “burglary” aggravated felonies as a result of the U.S. Supreme Court decision in United States v. Stitt, 139 S. Ct. 399 (2018)

 

Article 155 larceny offenses

 

  • BIA support for challenging government claims that certain New York larceny offenses may be categorically deemed ”theft” or “fraud” aggravated felonies provided by BIA unpublished decision in In re Onesta Reyes (BIA April 24, 2019)

 

Article 160 robbery offenses

 

  • Confirmation of the risk that certain New York robbery offenses will probably be deemed a “crime of violence” aggravated felony under the 18 USC 16(a) elements clause as a result of the Supreme Court’s decision in Stokeling v. U.S., 139 S.Ct. 544 (2019)

 

Article 165 other offenses relating to theft offenses

 

  • BIA non-precedent support for challenging government claims that New York theft of service offenses may be categorically deemed a ”crime involving moral turpitude” provided by BIA unpublished decision dated April 24, 2019

 

Article 220 controlled substance offenses

 

  • Development and clarification of arguments that certain New York cocaine or narcotics-related offenses may not be categorically deemed “drug trafficking” aggravated felonies or regular controlled substance offenses after the Ninth Circuit’s revised decision in Lorenzo v. Whitaker, 752 Fed. Appx. 482 (9th Cir. 2019)

 

Article 221 offenses involving marihuana

 

  • Elimination of the risk of “drug trafficking” aggravated felony consequences for certain New York marihuana offenses as a result of the New York State marihuana decriminalization legislation that went into effect on August 28, 2019

 

  • Expungement by operation of law of certain New York marihuana offenses as a result of the New York State marihuana decriminalization legislation that went into effect on August 28, 2019 (and, for such offenses entered prior to August 28, 2019, also availability of a new provision to allow vacatur)

 

Article 225 gambling offenses

 

  • Addition to the chart of a deeper analysis of, and elaboration of arguments challenging, the immigration consequences of New York gambling offenses

 

Article 240 offenses against public order

 

  • Update and clarification of the immigration consequences of New York harassment offenses

 

Article 245 offenses against public sensibilities

 

  • Clarification of, and elaboration of arguments challenging, the immigration consequences of New York public lewdness offenses

 

Article 260 offenses relating to children

 

  • Increase in the risk that New York endangering the welfare of a child offenses will be deemed a “crime against child” child abuse offense as a result of the Second Circuit decision in Matthews v. Barr, 927  F.3d 606 (2d Cir. 2019)

 

Article 265 firearms and other dangerous weapons offenses

 

  • Addition to the Chart of a deeper analysis of, and development of arguments challenging, possible aggravated felony consequences of various NY firearm offenses included in this Article

 

NEW YORK VEHICLE AND TRAFFIC LAW OFFENSES

 

Article 20 suspension and revocation

 

  • BIA support for challenging government claims that certain New York aggravated unlicensed operation of a vehicle offenses may be categorically deemed ”theft” or “fraud” aggravated felonies provided by BIA unpublished decision in In re Alcantara (BIA February 13, 2019)

 

Article 22 accidents and accident reports

 

  • Clarification of, and elaboration of arguments challenging, the immigration consequences of a New York leaving scene of an incident without reporting offense

 

Article 31 alcohol and drug-related offenses

 

  • New presumption of lack of good moral character triggered by New York driving-impaired offenses for purposes of the GMC requirements for citizenship or non-LPR cancellation of removal as a result of the BIA decision in Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019)

 

  • Elaboration of arguments challenging the immigration consequences of a New York aggravated driving while intoxicated offense with a child passenger

 

Subscription Agreement

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.
  • Agreeing that you may provide temporary use of the resource to interns or volunteers during the time they are engaged by your organization or firm for the purpose of their work on behalf of your organization or firm.
  • Agreeing to notify the Immigrant Defense Project immediately if you learn that an unauthorized person or entity has accessed the resource using your account or any other information provided by or obtained from you or your anyone at your organization.
  • Confirming that neither you nor any employee or member of your organization is involved in the prosecution or deportation of individuals or associated with any local, state or federal prosecution or enforcement agency.
  • Attesting that you have truthfully represented your organization’s operating budget or firm’s revenue in the most recent fiscal year in choosing your subscription price.
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