Post-Conviction Relief for Immigrants

Because an order vacating a conviction that is granted solely to avoid adverse immigration consequences may be ineffective to do so, see Chapter 4, supra, it is important if possible to obtain a vacatur that is based on some ground of legal invalidity that was in effect at the time the conviction arose and that has as little to do as possible with the adverse immigration consequences.   On the other hand, immigration-related grounds of legal invalidity are often the strongest grounds that are present in a given case.  Balancing this tension is one of the most difficult considerations in pursuing post-conviction relief for immigrants. 

To aid counsel, this book will cover over 40 specific grounds of legal invalidity of a conviction that may be present in a given case most of which have nothing at all to do with the adverse immigration consequences of the conviction.  See Chapter 6, infra.  If the equities are strong, a weaker ground of legal invalidity may be sufficient to motivate the court and prosecution to agree to vacate the conviction.  If the order vacating the conviction recites a ground of legal invalidity unrelated to the adverse immigration consequences, there should be no controversy in the immigration courts concerning the effectiveness of the order to eliminate the immigration consequences of the conviction.