People v. Palmer (2013) 58 Cal.4th 110 and Factual Basis People v. McGuire (1991) 1 Cal.App.4th 281, held that a bare stipulation by counsel for the parties was sufficient to establish a factual basis for a plea. ...
DUIs and Immigration Consequences As of January 1, 2014, our DUI statutes have been rewritten. My advice in the past has been to plead to DUI “alcohol” specifically, to avoid any conclusion by an immigration court or officer that the DUI was actually a “controlled substance”...
This is an MPI (Migration Policy Institute) paper discussing immigration trends from Mexico and Latin America to the United States since 1970, with a snapshot of such immigration in 2010. The article
Immigration Enforcement in the United States: The Rise of a Formidable Machinery. This study by MPI (Migration Policy Institute) looks at the web of immigration enforcement that has come into being, both by design and by accident, over a good number of years. We ask the question: how...
This is the form I-247, the document used to request persons be held by local enforcement until taken into custody by ICE (Immigration and Customs Enforcement). It is referred to as an ICE detainer, and sometimes as an ICE hold, although that latter designation is inaccurate: it is not a...
This chart visualizes the relationship between refugee and aslylee status, and the processes involved. Think of it this way. Generally, people come to the United States and request asylum status. They request refugee status from their homeland. Asylum and Refugee Chart
Some time ago I wrote a set of synopses of California cases dealing with the duties of deputy public defenders and immigration consequence issues. These cases have become more important in light of the United States Supreme Court decision in Chaidez. While Chaidez held that Padilla...
Chaidez v. United States (2013), slip opinion No 11-820, argued November 1, 2012, Decided February 20, 2013. Decides that Padilla v. Kentucky is not retroactive in that it announced a new rule under Teague v. Lane. Click here for the slip opinion.
People v. Mbaabu 2013 WL 551147 I’ve had several requests the past few days about PC422 charges. Steve pointed this case out to me, and I want to send a warning shot across the bow. By the way, it’s a local case. It was in front of Judge Mapes, Jean Ballentine was...
People v. Palmer (2013) - Factual BasisFriday, 08 August 2014 23:06
DUI's and Immigration ConsequencesFriday, 08 August 2014 22:37
Mexican and Central American Immigration in the United StatesWednesday, 03 April 2013 22:35
Immigration Enforcement in the United StatesWednesday, 03 April 2013 22:01
Form I-247: ICE DetainerFriday, 29 March 2013 19:56
Asylum and Refugee ChartThursday, 28 March 2013 17:42
Defense Counsel Duties Under California DecisionsThursday, 28 March 2013 17:37
Chaidez v. United StatesWednesday, 20 February 2013 23:01
People v. Mbaabu: PC 422 and AFWednesday, 20 February 2013 22:52
Daniel G. DeGriselles, a deputy public defender, advises attorneys in the office on immigration consequences of criminal convictions, as well as other matters related to immigration law. His expertise continues to be an asset to his colleagues who seek his advice and expertise to benefit their clients.
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