Sentences with phrase «collateral immigration consequences»

In a decision handed down on March 14th, 2013, the Supreme Court allowed the appeal, noting, «A sentencing judge may exercise his or her discretion to take collateral immigration consequences into account, provided that the sentence ultimately imposed is proportionate to the gravity of the offence and the degree of responsibility of the offender.»

One should consider obtaining a signed acknowledgment that the issue was brought to the client's attention and the client declined the opportunity to seek immigration advice and was made aware of collateral immigration consequences.

With the statements made in Pham and the subsequent changes to the legislation, appellate courts could be less willing to reduce sentences to avoid collateral immigration consequences.

A checklist used for this purpose could even be provided to the client for signature, as a way of obtaining the client's acknowledgment of having received the advice and being made aware of the collateral immigration consequences.

«[A] sentencing judge may exercise his or her discretion to take collateral immigration consequences into account, provided that the sentence that is ultimately imposed is proportionate to the gravity of the offence and the degree of responsibility of the offender,» he wrote.

The Court of Appeal dismissed the appeal, finding that allowing the conviction to stand would not amount to a miscarriage of justice because there was no evidence that Wong would not have pled guilty had he been informed of the collateral immigration consequences of his plea.

«His leadership in minimizing the collateral immigration consequences of low level criminal convictions, including the hiring of two immigration attorneys to advise the department, means that fewer Brooklyn families

Not exact matches

Preparing the Defense, Ethical Issues, and Guns, Immigration and Other Collateral Consequences, Defending Domestic Crimes, Hennepin County Bar Association CLE, October 21, 2004

Collateral consequences related to immigration may be relevant in tailoring the sentence, but their significance depends on and has to be determined in accordance with the facts of the particular case.

The Civil Justice Practice aims to reduce the civil collateral consequences for low - income clients who have had interaction with the criminal, family or immigration justice systems.