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Copyright (c) 1999 Law and Inequality
Law and Inequality

MANUAL: Defending Non-Citizens in Minnesota Courts: A Practical Guide to Immigration Law and Client Cases

Summer, 1999

17 Law & Ineq. 567


Maria Baldini-Potermin *


This manual is not intended to serve as legal advice on individual cases, but to give a general overview of the immigration consequences for criminal convictions to defense attorneys who are working with non-citizen clients. On account of the ever-changing nature of immigration law, almost weekly administrative immigration appellate decisions, Federal court rulings and Congressional whim, attorneys are strongly urged to contact an immigration attorney who works on criminal immigration cases in every case involving a non-citizen defendant.

This manual is intended to provide public defenders and criminal defense attorneys with a basic overview of the immigration provisions that may have consequences for their non-citizen clients in Minnesota criminal and civil courts. Where possible, rulings by the Eighth Circuit Court of Appeals and the Immigration and Naturalization Board directly relating to Minnesota statutes have been noted. While this manual focuses on the immigration consequences of convictions under Minnesota law, it is hoped that the manual may also be helpful to criminal defense attorneys and legal advocates for immigrants in other states. The manual focuses on the Anti-Terrorism and Effective Death Penalty Act of 1996 1 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. 2 Because of the important changes made by these two federal laws, pre-plea advisals, Rule 15 motions, Rule 27 motions and post-conviction relief will make the difference for many non-citizens who want to remain in the United States with their families or avoid possible persecution (including torture and death) in their countries ...
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