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New York Quick Reference Chart

The Immigrant Defense Project’s New York Quick Reference Chart has been revised and is now available with updates current as of September 2017.

Immigration law and practice change constantly. By subscribing to the 2017 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. In the upcoming year you will also receive practice notes about how new cases impact the various immigration consequences of New York State criminal offenses.

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Description

The Immigrant Defense Project’s New York Quick Reference Chart has been revised and is now available with updates current as of September 2017.

Immigration law and practice change constantly. By subscribing to the 2017 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. In the upcoming year you will also receive practice notes about how new cases impact the various immigration consequences of New York State criminal offenses.

Individuals or organizations who subscribe to the 2017 edition will receive a 20% discount on the 2018 subscription.

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:

New York State controlled substance and related offenses

Lessening of the risk of “drug trafficking” aggravated felony consequences for certain New York State controlled substance offenses, such as NYPL 220.06(1) (criminal possession in the fifth degree, “with intent to sell” first subsection), 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 Harbin v. Sessions, 860 F.3d 58 (2d Cir. 2017).

Lessening of the risk of regular controlled substance offense consequences for certain New York State controlled substance offenses, such as NYPL 220.03 (criminal possession in the seventh degree), and certain other New York State offenses including a controlled substance or drug element such as NYVTL 1192(4) (driving while ability impaired by drugs), also as a result of the Second Circuit’s decision in Harbin v. Sessions.

New immigration risks for certain New York State controlled substance offenses favorably affected by Harbin v. Sessions as a result of new DHS charging practices charging such offenses under other removal grounds such as the “reason to believe” illicit trafficking in a controlled substance inadmissibility ground.

New York State marihuana offenses

Lessening of the risk of “drug trafficking” aggravated felony consequences for certain New York State marihuana offenses as a result of the U.S. Supreme Court decision in Moncrieffe v. Holder, 133 S. Ct. 1678 (2013), as further considered in light of the U.S. Supreme Court decision in U.S. v. Mathis, 136 S. Ct. 2243 (2016)

New York State sex offenses

Narrowing in what New York State sex offenses may be categorically deemed “sex abuse of a minor” aggravated felonies as a result of the U.S. Supreme Court decision in Esquivel-Quintana v. Sessions, 137 S. Ct. 1562 (2017).

Clarification of what New York State sex offenses may be categorically deemed crimes involving moral turpitude as a result of the BIA decision in Matter of Jimenez-Cedillo, 27 I&N Dec. 1 (BIA 2017)

New York State assault and other physical injury offenses

Increase in the risk that certain New York State assault and other physical injury offenses may be categorically deemed “crime of violence” aggravated felonies as a result of the BIA decision in Matter of Kim, 26 I&N Dec. 912 (BIA 2017)

New York State larceny offenses

Increase in the risk that certain New York State larceny offenses may be categorically deemed crimes involving moral turpitude as a result of the BIA decision in Matter of Obeya, 26 I&N Dec. 856 (BIA 2016)

New York State firearm and other weapon offenses

Support for a narrowing in what New York State firearm and other weapon offenses may be categorically deemed firearm offenses for immigration purposes offered by the U.S. District Court decision in U.S. v. Moncrieffe, 167 F.Supp.3d 383, 412 (EDNY 2016)

New York State burglary offenses

Increase in the risk that certain New York State burglary offenses may be categorically deemed crimes involving moral turpitude as a result of the BIA decision in Matter of J-G-D-F-, 27 I&N Dec. 82 (BIA 2017)

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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