Immigration Law
"The importance of accurate legal advice for noncitizens accused of crimes has never been more important."
- United States Supreme Court
Specialized Immigration Counsel
At the Yolo County Public Defender’s Office, we have a dedicated attorney specializing in immigration law who advises our clients on how their criminal charges may affect their current immigration status and future opportunities for immigration relief.
Legal Framework & Supreme Court Precedent
As the United States Supreme Court has stated, “We have long recognized that the negotiation of a plea bargain is a critical phase of litigation for purposes of the Sixth Amendment right to effective assistance of counsel. The severity of deportation—‘the equivalent of banishment or exile,’ --only underscores how critical it is for counsel to inform her noncitizen client that he faces a risk of deportation. Padilla v. Kentucky (2010)
Holistic Defense Approach to Immigration Cases
The Yolo County Public Defender’s Office is dedicated to its practice of Holistic Defense. This means understanding that our clients’ needs often exceed direct representation in criminal court. Criminal convictions can pose serious, and at times, life-long immigration consequences for noncitizens. To ensure that our noncitizen clients receive accurate immigration advice, our immigration attorney is instrumental in advising clients of immigration consequences of their criminal charges and crafting proposed resolutions of those charges to help our clients avoid adverse immigration consequences. Prosecutors are mandated to consider such consequences as part of plea negotiations, making our immigration attorney’s role even more critical for our noncitizen clients.
Community Collaboration and Post-Conviction Services
The Yolo County Public Defender’s Office is also committed to collaborating with the local immigration community and advocates to mitigate the impact of criminal convictions on Yolo County’s immigrant population. Our Immigration Unit is available to assist legal service providers and residents in evaluating the potential and actual adverse immigration consequences of prior criminal convictions and exploring whether post-conviction relief might help individuals
qualify for immigration benefits such as Adjustment of Status, LPR and Non-LPR Cancellation of Removal, and Naturalization.
​
For more information on how the Immigration Unit can assist you, please contact Apurva Behal at Apurva.Behal@YoloCounty.gov.