Crim-Imm Updates: Padilla Motions and Executive Action Wendy Wayne CPCS Immigration Impact Unit MADCL Post Conviction Seminar January 2015

IAC – Deficient Performance  Duty to give clear and accurate advice  In language client understands  “Eligible for deportation” is not clear and accurate when conviction will result in virtually mandatory deportation

IAC – Prejudice  “Special Circumstances” per Comm v. Clarke  Even though defendant got a “good deal” if he were US citizen, “noncitizen defendant confronts a very different calculus” and his right to remain in US may be more important than avoiding jail sentence

IAC – Prejudice  “Special Circumstances” per Comm v. Clarke  Qs presented: 1. Should defendant’s refugee status conclusively establish special circumstances; if not 2. What weight should defendant’s refugee status be given?

Executive Action on Immigration Policy memos issued on Nov 20, 2014  “Deferred action”  Expands DACA for undocumented individuals who came to the US as children  Creates DAPA for undocumented individuals who have US citizen or lawful permanent resident children  Strict criminal bars

Executive Action (cont.)  Enforcement priorities  Noncitizens with criminal convictions and gang members  Secure Communities/Immigration Detainers  Fingerprints will continue to be shared between FBI and ICE  Detainers will mostly be replaced with “requests for notification” prior to defendants release from criminal custody

QUESTIONS???  See practice advisories on DeJesus and Executive Action on the IIU website at  CPCS Immigration Impact Unit 21 McGrath Highway Somerville, MA