Post-Conviction Relief for Immigrants

The practical considerations to take into account in evaluating the chances of obtaining post-conviction relief for immigrants have been discussed in Chapter 2.  To give context to the discussion of the individual vehicles in this chapter, we will outline the three necessities for success in obtaining post-conviction relief for immigrants: (1) a vehicle by which to obtain it; (2) grounds of legal invalidity by which to persuade a court to vacate a conviction; and (3) equities or favorable factors that can be used to persuade the judge and prosecution that the noncitizen merits post-conviction relief, and that they are doing the right thing by granting it.

Counsel must choose the correct vehicle to obtain the immigration effect necessary to prevent the particular adverse immigration consequences. See § 5.3, infra.

Counsel must match the vehicle to a ground of invalidity that may be raised by that vehicle.  See § 5.4, infra.

Counsel must choose a vehicle that will work in the particular case.  See § 5.5, infra.

Counsel must choose a vehicle that can be successful quickly enough to avoid the immigration consequences. See § 5.6, infra.