New York Quick Reference Chart, 2024 Edition
The 2024 Edition of the Immigrant Defense Project’s New York Quick Reference Chart has been revised and is now available with updates current through the 2023 calendar year.
Immigration law and practice change constantly. By subscribing to the 2024 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 2025.
Pricing based on total operating budget/revenue
The 2024 Edition incorporates several updates to ensure you have access to the latest strategies and analysis to aid in your representation. We have added new analysis and practice tips regarding NY attempt offenses and updated many of the NY criminal and removal defense tips. We have added links to relevant New York criminal cases, unpublished BIA and IJ decisions, and other relevant legal and practice resources. We have incorporated analysis and practice tips based on new 2023 federal court and agency decisions, including:
o Incorporation of past case law decisions of federal circuit courts other than the Second Circuit into the immigration consequences analysis and criminal and immigration practice tips included in the Chart in light of the BIA decision in Matter of Garcia, 28 I&N Dec. 693 (BIA 2023) – Given that this new BIA decision held that, for choice of law purposes, the controlling circuit law in Immigration Court proceedings is the law governing the geographic location of the Immigration Court where venue lies, namely where jurisdiction vests and proceedings commence upon the filing of a charging document, the resource therefore now includes more consideration and citation of case law from those circuits other than the Second Circuit where venue has often been found to lie for removal proceedings brought against New York immigrants, such as the Third, Fourth, Fifth, Sixth and Eleventh Circuits.
o Updating and supplementing of the introductory Note on Categorical Approach and Divisibility
o Incorporation into the immigration consequences analysis and criminal and immigration practice tips of several relevant new 2023 federal court and agency decisions, including the following:
- Peguero-Vasquez v. Garland, 80 F.4th 422 (2d Cir. 2023) (declining to give effect to New York’s retroactive application of the One Day for New Yorkers legislation 364-day maximum sentence), petition for rehearing en banc filed on Nov 27, 2023, relevant to immigration consequences of NY Class A misdemeanor offenses
- United States v. Minter, 80 F.4th 406 (2d Cir. 2023) (finding overbreadth of the New York definition of cocaine as compared to the federal definition based on the New York schedule inclusion of cocaine isomers other than optical or geometric isomers), relevant to immigration consequences of NY narcotics and other controlled substance offenses and proper application of the categorical approach in evaluating immigration consequences generally
- United States v. Gibson, 60 F.4th 720 (2d Cir. 2023) (clarifying that the Second Circuit’s earlier finding in United States v. Gibson, 55 F.4th153 (2d Cir. 2022) that the removal of naloxegol from the federal schedule created a mismatch with the New York schedule was a holding), relevant to immigration consequences of NY narcotics and other controlled substance offenses and proper application of the categorical approach in evaluating immigration consequences generally
- Matter of Pougatchev, 28 I&N Dec. 719 (BIA 2023) (concluding that a NY burglary offense involving displaying what appears to be a firearm, coupled with the intent to commit a crime, necessarily involves the use, attempted use, or threatened use of physical force), relevant to immigration consequences of certain NY burglary, menacing, stalking and criminal contempt offenses
- U.S. v. Eldridge, 63 F.4th 962 (2d Cir. 2023) (ruling that the unlawful imprisonment of a competent adult under prong (a) of New York’s definition of “restraint” can be accomplished by deception and thus without force), relevant to immigration consequences of NY unlawful imprisonment and kidnapping offenses
- U.S. v. Pastore, 83 F.4th 113 (2d Cir. 2023) (finding that a NY attempted murder offense is categorically a crime of violence under the 924(c) elements clause), relevant to immigration consequences of certain NY assault and related offenses, strangulation and related offenses, homicide and related offenses, sex offenses and unlawful imprisonment offenses
- Debique v. Garland, 58 F.4th 676 (2d Cir. 2023) (finding that a conviction under PL 130.60(2) permissibly classified as SAM-AF despite broad NY interpretation of “sexual contact”), cert petitionfiled August 29, 2023, relevant to immigration consequences of NY sex abuse offenses
- Reyes v. Atty. Gen., 2023 WL 2184831 (3d Cir. Feb. 23, 2023) (unpub.), relevant to immigration consequences of NY sex abuse offenses
- Colotti et al v. United States, 71 F.4th 102 (2d Cir. 2023), relevant to immigration consequences of certain NY larceny offenses
- Pugin v. Garland, 599 U.S. 600 (2023), relevant to immigration consequences of NY hindering prosecution, obstructing governmental administration and criminal contempt offenses
- United States v. Woodruff, 735 F.3d 445 (6th Cir. 2013) (finding that facilitation under Tennessee law is not a controlled-substance offense), relevant to immigration consequences of NY facilitation offenses
- Pesikan v. Atty Gen., 83 F.4th 222 (3d Cir. 2023), relevant to proper application of the categorical approach in evaluating immigration consequences generally
- In re M-K-(BIA May 26, 2023) (unpub.), relevant to proper application of the modified categorical approach in evaluating immigration consequences generally
o Updating and supplementing of the NY firearm offenses section
o Updating and supplementing of criminal and removal defense tips included throughout the Chart
o Additional relevant New York criminal case law links
o Additional relevant unpublished BIA decision links
o New links to other relevant legal and practice resources
o New formatting to reduce blank space and make the resource easier to navigate
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