The intersection of criminal and immigration law is often referred to as crimmigration. Scott Bratton has extensive experience dealing with criminal issues that impact one’s immigration status. He represents defendants in criminal proceedings. He is also experienced in handling post-conviction motions in both federal and state courts that are filed to vacate a conviction due to its adverse immigration consequences. Additionally, he represents individuals in removal proceedings who have criminal issues and has many times made successful arguments that the convictions do not subject the foreign national to removal or render the person ineligible for relief.
Mr. Bratton is a frequent presenter on crimmigration issues, including a 2020 presentation sponsored by the Cleveland Prosecutor’s office. Additionally, Mr. Bratton has been attorney of record on several precedent-setting cases involving criminal issues for his immigrant clients, including Debartolo v. United States, 790 F.3d 775 (7th Cir. 2015); State v. Khoshknabi, Ohio App.8 Dist., 2018-Ohio-1752, and State v. Yahya, Ohio App.10 Dist., 2011-Ohio 06090. Mr. Bratton’s article, Practice Points: Representing a Noncitizen in a Criminal Case, was cited by the United States Supreme Court in the case of Padilla v. Kentucky, 559 U.S. 356 (2010), which set forth the obligations of defense counsel in representing an immigrant in a criminal case.
An immigrant facing criminal issues should immediately hire an experienced immigration lawyer to assist in navigating through the process. In addition to representing immigrants in criminal cases, Mr. Bratton also assists defense counsel in criminal cases so that the foreign national understands the immigration issues and can work to obtain a resolution that avoids adverse immigration consequences.