Post-Conviction Relief for Immigrants
Chapter 10. After the Conviction Has Been Vacated
- §10.1 I. Introduction
- §10.2 II. Documenting the Victory
- §10.3 A. Obtaining Certified Copies of the Order Vacating the Conviction or Sentence
- §10.4 B. Correcting FBI Criminal History Reports
- §10.5 C. Correcting State Criminal History Records
- §10.6 III. Procedural Rules Governing the New Prosecution
- §10.7 A. The Client Cannot be Punished for Exercising the Right to Vacate the Conviction
- §10.8 B. The Client Must Be Given Full Credit for All Time Served as a Result of the Original Conviction
- §10.9 C. The Original Judge May be Disqualified at This Point, Even if a Challenge Has Previously Been Employed
- §10.10 D. The Statute of Limitations May Prevent Filing of New Charges at This Point, Even if They Could Lawfully Have Been Filed at the Time of the Original Disposition
- §10.11 IV. Obtaining a New Outcome that Minimizes Adverse Immigration Consequences
- §10.12 A. Some Safer Alternative Dispositions
- §10.13 B. Plea Negotiations
- §10.14 C. Documenting the Disposition for Immigration Counsel
- §10.15 V. Reopening Removal Proceedings
- §10.16 A. Before Deportation Has Occurred
- §10.17 1. Prior to Removal Order
- §10.18 2. After the Immigration Judge Issues a Removal Order.
- §10.19 3. During Appeal
- §10.20 4. Motion to Reopen After BIA Dismissal of Appeal
- §10.21 5. During Petition for Review Proceedings
- §10.22 B. After Deportation Has Occurred
- §10.23 1. The BIA Has Jurisdiction to Reopen Proceedings After Deportation if the Conviction Has Been Vacated
- §10.24 2. Court of Appeals Jurisdiction to Order the Noncitizen to be Readmitted After Conviction Has Been Vacated
- §10.25 3. Federal Habeas Corpus Seeking Readmission After the Conviction Has Been Vacated
- §10.26 4. Collateral Attack of Deportation Order Upon Prosecution for Illegal Re-entry.
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