Updated New York Quick Reference Chart, 2022 Edition

The 2022 Edition of the Immigrant Defense Project’s New York Quick Reference Chart has been revised and is now available with updates current through the 2021 calendar year.

Immigration law and practice change constantly. By subscribing to the 2022 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 2023.

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Description

The 2022 Edition includes new and/or updated NY criminal and removal defense tips, additional NY offenses not previously discussed, links to some additional relevant unpublished BIA & IJ decision and other relevant legal and practice resources, and new analysis and practice tips regarding NY preparatory/accessory offenses, i.e., facilitation, solicitation, conspiracy, attempt. The analysis has been updated to reflect key changes over the last year, for example:

  • New York legalized cannabis and made changes to the law impacting convictions under the former marijuana prohibition scheme. The chart includes analysis of, and criminal and removal defense practice tips for, new NY cannabis offenses (effective March 31, 2021), and updated analysis of former NY marihuana offenses.
  • The discussion of the categorical approach has been updated in light of the Supreme Court’s consideration of the burden of proof in removal proceedings (Pereida v. Wilkinson, 141 S. Ct. 754 (2021)).
  • Case law about the definition of “crime of violence” in both immigration cases and federal criminal cases has impacted the analysis of New York assault, manslaughter, and other physical injury offenses. The Supreme Court considered the applicability of crime of violence to reckless offenses (Borden v. United States, 141 S.Ct. 1817 (2021)), while the Second Circuit considered how to interpret crimes of omission generally (U.S. v. Scott, 990 F.3d 94 (2d Cir. 2021) (en banc)) and specifically whether NYPL § 120.05(1) assault in the second degree was a crime of violence (Thompson v. Garland, 994 F.3d 109 (2d Cir. 2021)).
  • Circuit decisions in the Second Circuit (Ferreiras Veloz v. Garland, 999 F.3d 798, 804 (2d Cir. 2021)) and Ninth Circuit (Maie v. Garland, 7 F.4th 841 (9th Cir. 2021)) interpreting the applicability to “crime involving moral turpitude” grounds impacted the analysis of NY larceny offenses. An unpublished Second Circuit decision (Ascencio-Contreras v. Rosen, 842 Fed. App’x 659 (2d Cir. 2021)) impacted the analysis of NY burglary offenses.
  • The Board of Immigration Appeals analyzed the applicability of “crime involving moral turpitude” ground to NY aggravated unlicensed operation of a vehicle offenses (Matter of Vucetic, 28 I&N Dec. 276 (BIA 2021)).

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 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.