Immigration Attorney (Padilla), Criminal Defense Practice

BDS is a public defense office representing low-income New Yorkers in criminal, family, immigration, and civil legal matters. Our work with clients is focused on the intersection of the legal systems that disproportionately impact Black and brown communities living below the poverty level in Brooklyn.

BDS represents thousands of people each year who have diverse, complex, and multi-faceted legal needs. In addition to a zealous legal defense, our interdisciplinary teams of attorneys, social workers and advocates provide a wide range of legal and advocacy services, including housing, public benefits, education, and employment issues. 

Named after the landmark Supreme Court decision, Padilla v. Kentucky, 559 U.S. 356 (2010), BDS’s Padilla Team specializes in the intersection of criminal and immigration law. The Padilla attorneys are embedded within the Criminal Defense Practice and advise criminal defense colleagues and clients on the immigration law consequences of criminal cases. The Padilla Team helps devise strategies to minimize the immigration impact of clients’ criminal cases, screens clients for immigration relief, and represents some clients in affirmative applications and removal proceedings. BDS’s Padilla Team collaborates with BDS’s Immigration Practice, which represents people in detained and non-detained removal proceedings as well as complex applications before U.S. Citizenship and Immigration Services (USCIS).

Under the direct supervision of a Supervising Attorney, the Padilla Attorney works directly with clients and criminal defense attorneys to determine clients’ immigration status, screen for eligibility for affirmative immigration benefits or relief from deportation, identify strategies to mitigate the immigration consequences of criminal proceedings, and advise clients on the consequences of potential resolutions of their criminal cases. 

Responsibilities

• Work with clients to determine their immigration status, eligibility for relief, and priorities in resolving their cases in Brooklyn’s criminal, supreme, and community justice courts.
• Research New York criminal law and the federal immigration consequences that correspond to various criminal statutes.
• Write immigration advocacy letters to be presented to the District Attorney’s office and/or the criminal courts as mitigation in furtherance of plea negotiations. 
• Appear in the criminal courts as needed to assist defense attorneys in advocating for immigration-informed outcomes on criminal cases. 
• Meet with clients in person at BDS’s office and in courthouses (including in Department of Corrections holding areas) to conduct intake interviews, consultations, and plea advisals.
• Engage in advocacy with the District Attorney’s office.
• Maintain a docket of direct immigration representation cases before various federal immigration agencies and courts.
• Maintain case files, notes, and data in our digital case management system for reporting and advocacy needs. 
• Staff on-call shifts on certain evenings and weekends to answer immigration questions from criminal defense attorneys in arraignments. On-call shift responsibilities are fully remote.
• Additional responsibilities as assigned. 

Qualifications

• Juris Doctor (JD) degree.
• Admitted to practice in New York, or ability to become admitted.

• Experience working at the intersection of immigration and criminal law, or representing clients in immigration matters, preferred.
• Highly organized, ability to work collaboratively with others, and attentive to details.
• Creativity, determination, and the ability to provide urgent assistance to clients in crisis while remaining calm and focused.
• Ability to perform nuanced legal research and analysis of New York State criminal law and federal immigration law using the appropriate analytical frameworks for each client’s circumstances. 
• Ability to explain legal conclusions clearly and persuasively, both orally and in writing, to clients, attorneys, and adjudicators.
• Familiarity with or willingness to learn digital case and document management systems and Microsoft Suite computer applications.
• Fluency or high proficiency in Spanish is strongly preferred.
• Fluency or high proficiency in additional languages including Haitian Creole, Russian, Mandarin, or Cantonese is a plus. 

Position Information

This is an exempt, salaried position. The normal schedule is Monday to Friday 9am-5pm. However, Padilla attorneys are also required to do a rotating on-call assignment during criminal court arraignment shifts that take place on evenings and weekends. The position is based at BDS’s offices, and the courts located in Downtown Brooklyn. There is a three-day per week in-person requirement for all attorneys. Attorneys are also expected to handle all their own cases in court, as well as meet with clients as needed, even if that results in additional days in-person. (This generally results in more than three in-person days for most attorneys). Applicants should be aware that the in-person requirement is subject to change.

BDS determines salary on a pay scale based on education and experience. For this position there is a base salary range of $81,000-$157,261 depending on the applicant’s education and experience. BDS offers comprehensive benefits including health insurance and a 403(b) retirement plan. In order to support work/life balance and family-friendly policies, BDS has generous vacation, sick, holiday, family, and medical leave policies.  

Application Instructions 

Click apply to submit a cover letter and resume. Please submit your application by December 27, 2024.

Brooklyn Defender Services is a proud equal opportunity employer committed to celebrating diversity and maintaining an equitable and inclusive work environment. We strongly encourage candidates of all identities, expressions, orientations, disabilities, and experiences to apply. If you need an accommodation due to a disability or another reason, please contact the Managing Director of Human Resources, Christina Wallace, at cwallace @ bds.org.