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Post-Conviction Relief
Post-Conviction Relief for Immigrants
Chapter
Ackn.
TOC
Pref.
Abbr.
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Index
About
Chapter 4. Effective Post-Conviction Relief
§4.1 I. Introduction: Scope of the Chapter
§4.2 II. Obtaining an Order Vacating a Criminal Conviction that the Immigration Authorities Will Respect
§4.3 A. A Legally Invalid Conviction Cannot Trigger Immigration Consequences
§4.4 1. The Long-Standing Rule
§4.5 2. The New IIRAIRA Definition of Conviction and Matter of Pickering Did Not Change the Basic Rule
§4.6 3. An Order Vacating a Conviction as Legally Invalid Eliminates the Conviction for All Immigration Purposes
§4.7 4. Reopening Removal Proceedings After a Conviction Has been Vacated
§4.8 B. A Conviction Vacated on Purely Humanitarian Grounds, or Under a State Rehabilitative Statute, May Continue to Exist for Immigration Purposes
§4.9 1. Humanitarian Grounds
§4.10 2. State Rehabilitative Statutes
§4.11 C. The Immigration Authorities Cannot Collaterally Attack, in Immigration Court, the Validity of a Criminal Court Order Vacating a Conviction
§4.12 D. The Government Argument That An Order Vacating a Conviction is Beyond the Jurisdiction of the Criminal Court Should Not Be Accepted
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