Immigrant Defense Project

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1OVERVIEWThis practice advisory provides: introduction (see pp. 2 3) discussing the basics of the categorical approach that immigrationcourts employ to determine whether a state or federal criminal offense falls within the criminalgrounds of removal (deportation) and why it is important to criminal Defense attorneys; Background on recent developments in the categorical approach (see pp. 3 7); and Practice tips (see pp. 8 18) to help criminal defenders representing Immigrant clients to takeadvantage of the categorical approach where it applies and to avoid or mitigate negative immigrationconsequences under these new legal is the categorical approach and how have recent developments changed it?

• Introduction (see pp. 2–3) discussing the basics of the “categorical approach” that immigration courts employ to determine whether a state or federal criminal offense falls within the criminal grounds of removal (deportation) and why it is important to criminal defense attorneys;

  Introduction, Categorical