Seek Alternative Dispositions Sample Clauses

Seek Alternative Dispositions. Explore non-conviction dispositions like pretrial diversion programs, nolle prosequi, etc. Remember that Xxxxxx and nolo contendere pleas, sealed and expunged convictions, and diversion programs where a finding of guilty is entered are considered convictions under immigration law. Quick Reference Chart for Determining Immigration Consequences of Common Illinois Offenses Homicide Offenses Offense Analysis Advice Offense Aggravated Felony CIMT Controlled Substance/ Firearm Offense DV/Crime Against Children/ Prostitution Criminal Defense Attorneys Immigration Attorneys First degree murder, 720 ILCS 5/9-1(a) (a)(1): Yes (a)(2): Yes (a)(3) (felony murder): Possibly no (a)(1): Yes (a)(2): Yes (a)(3): Possibly no N/A If the victim was a current or former spouse or similarly situated individual, conviction would likely be a CODV. If client is facing felony murder charges under (a)(3), try to have the record of conviction fail to specify the underlying felony offense. For clients convicted under (a)(3), it may be argued that felony murder is not a categorical match for any AF category. The statute criminalizes killing that occurs during the commission or attempt of a “forcible felony,” defined by 720 ILCS 5/2-8. It almost certainly does not meet the standard for aggravated felony murder under Matter of M-W-, 25 I&N Dec. 748 (BIA 2012), which centers on mens rea with respect to the act that causes death. The test then is whether all of the enumerated offenses under that statute are matches an AF category. For most of them, the most likely category is “crime of violence” under 8 U.S.C. § 1101(a)(43)(F); see Matter of Xxxxxx-Xxxxxxx, 26 I&N 713 (BIA 2016) (holding that 18 U.S.C. § 16(a) defines an AF crime of violence. However, the statute contains a catch- all that follows closely the federal definition of a crime of violence under 18 U.S.C. § 16. See elsewhere in this guide for analyses of some of these offenses. Offense Analysis Advice Offense Aggravated Felony CIMT Controlled Substance/ Firearm Offense DV/Crime Against Children/ Prostitution Criminal Defense Attorneys Immigration Attorneys Second degree murder, 720 ILCS 5/9-2 (a)(1): Yes (a)(2): Yes (a)(1): Yes (a)(2): Yes N/A If the victim was a current or former spouse or similarly situated individual, conviction would likely be a CODV. There may be a viable argument that the mitigating factors of both portions of this statute diverge sufficiently from the generic murder offense defined by M- W- that they are no...
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Related to Seek Alternative Dispositions

  • Data Disposition When the contracted work has been completed or when the Data is no longer needed, except as noted above in Section 5.b, Data shall be returned to DSHS or destroyed. Media on which Data may be stored and associated acceptable methods of destruction are as follows: Data stored on: Will be destroyed by: Server or workstation hard disks, or Removable media (e.g. floppies, USB flash drives, portable hard disks) excluding optical discs Using a “wipe” utility which will overwrite the Data at least three (3) times using either random or single character data, or Degaussing sufficiently to ensure that the Data cannot be reconstructed, or Physically destroying the disk Paper documents with sensitive or Confidential Information Recycling through a contracted firm, provided the contract with the recycler assures that the confidentiality of Data will be protected. Paper documents containing Confidential Information requiring special handling (e.g. protected health information) On-site shredding, pulping, or incineration Optical discs (e.g. CDs or DVDs) Incineration, shredding, or completely defacing the readable surface with a coarse abrasive Magnetic tape Degaussing, incinerating or crosscut shredding

  • Final Disposition Notwithstanding any other provision in this Agreement, no determination as to entitlement to indemnification under this Agreement shall be required to be made prior to the final disposition of the Proceeding.

  • Loss Mitigation and Consideration of Alternatives (i) For each Single Family Shared-Loss Loan in default or for which a default is reasonably foreseeable, the Assuming Institution shall undertake reasonable and customary loss mitigation efforts, in accordance with any of the following programs selected by Assuming Institution in its sole discretion, Exhibit 5 (FDIC Mortgage Loan Modification Program), the United States Treasury's Home Affordable Modification Program Guidelines or any other modification program approved by the United States Treasury Department, the Corporation, the Board of Governors of the Federal Reserve System or any other governmental agency (it being understood that the Assuming Institution can select different programs for the various Single Family Shared-Loss Loans) (such program chosen, the “Modification Guidelines”). After selecting the applicable Modification Guideline for each such Single Family Shared-Loss Loan, the Assuming Institution shall document its consideration of foreclosure, loan restructuring under the applicable Modification Guideline chosen, and short-sale (if short-sale is a viable option) alternatives and shall select the alternative the Assuming Institution believes, based on its estimated calculations, will result in the least Loss. If unemployment or underemployment is the primary cause for default or for which a default is reasonably foreseeable, the Assuming Institution may consider the borrower for a temporary forbearance plan which reduces the loan payment to an affordable level for at least six (6) months.

  • Asset Sales (a) The Company will not, and will not permit any of its Restricted Subsidiaries to, consummate an Asset Sale unless:

  • Real estate transactions You must sign the certification. You may cross out item 2 of the certification.

  • Land Acquisition and Involuntary Resettlement 3. The Borrower shall ensure or cause the Project Executing Agency to ensure that all land and all rights-of-way required for the Project are made available to the Works contractor in accordance with the schedule agreed under the related Works contract and all land acquisition and resettlement activities are implemented in compliance with (a) all applicable laws and regulations of the Borrower relating to land acquisition and involuntary resettlement; (b) the Involuntary Resettlement Safeguards; and (c) all measures and requirements set forth in the RP, and any corrective or preventative actions set forth in the Safeguards Monitoring Report.

  • PERMITTED TRANSACTIONS The Member is free to engage in any activity on its own or by the means of any entity. The Member’s fiduciary duty of loyalty, as it applies to outside business activities and opportunities, and the “corporate opportunity doctrine,” as such doctrine may be described under general corporation law, is hereby eliminated to the maximum extent allowed by the Act.

  • Alternative Risk Financing Programs The County reserves the right to review, and then approve, Contractor use of self-insurance, risk retention groups, risk purchasing groups, pooling arrangements and captive insurance to satisfy the Required Insurance provisions. The County and its Agents shall be designated as an Additional Covered Party under any approved program.

  • Commingling, Exchange and Investment of the Contributions 2.1. The Contributions shall be accounted for as a single trust fund and shall be kept separate and apart from the funds of the Bank. The Contributions may be commingled with other trust fund assets maintained by the Bank.

  • Alternative A The grievance shall be determined by the Personnel Commission. The decision of the Commission shall be made in writing within sixty (60) calendar days after the filing of the appeal at step 3 and shall be final and binding on all parties subject to ratification by the Board of Supervisors if the decision requires an unbudgeted expenditure.

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