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Moncrieffe and Olivas-Motta: Criminal-Immigration Defenses

By immigrationprof

From the Immigrant Legal Resource Center:

Pracice Advisory: Moncrieffe and Olivas-Motta: Fourteen Criminal / Immigration Defenses in the Ninth Circuit

Written by ILRC Staff Attorney, Kathy Brady, this new practice advisory provides a basic statement of the rule under Moncrieffe and suggests defenses pertaining to specific crimes, especially as they may be interpreted under Ninth Circuit law. This includes new defenses in moral turpitude determinations that are made available by Moncrieffe coupled with the Ninth Circuit’s decision to reject Matter of Silva-Trevino in Olivas-Motta v. Holder. This Advisory will discuss Moncrieffe using California law as a model.
 
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