Post-Conviction Relief for Immigrants

            (A)  Timeliness.   The statutes often do not contain any time limit within which the motion must be made.[232]  Some courts have held that the defendant must bring the motion using due diligence.[233]

[232] E.g., People v. Superior Court (Zamudio), 23 Cal.4th 183, 203-204, 999 P.2d 686 (2000).

[233] People v. Totari, 111 Cal.App.4th 1202, 1207, 4 Cal.Rptr.3d 613 (6th Dist. September 9, 2003, as modified October 2, 2003) (thirteen years between plea and motion not presumptively unreasonably dilatory, since initial deportation proceedings were not based on criminal conviction, but rather on lack of status, and defendant not shown to be on notice that the conviction triggered adverse immigration consequences until a year prior to the bringing of the motion).