A direct appeal offers the chance of reversal of the conviction, in which case the conviction ceases to exist for immigration purposes.  See § 5.70, infra.  The pendency of a direct appeal precludes the conviction from being considered “final,” and the immigration authorities may therefore not initiate removal proceedings until it becomes final. See § 5.71, infra.  A direct appeal can take from several months to several years to be resolved.  It is urgent to begin the appeal on time, which must be within a deadline as short as 10 days from the imposition of judgment, or else the right to appeal may be irrevocably lost. See § 5.66, infra.  On the other hand, it is sometimes possible to begin a late appeal upon a showing that the waiver of the right to appeal was not knowing and voluntary, or resulted from ineffective assistance of counsel. See § 5.67, infra.

 

Lower Courts of Second Circuit

POST CON RELIEF - NEW YORK - APPEAL - DEPORTED DEFENDANT UNAVAILABLE TO OBEY MANDATE OF COURT SO APPEAL DISMISSED
People v. Diaz, ___ N.Y.2d ___ (Ct. App. Sept. 19, 2006) (appeal dismissed without prejudice as, although defendant has been involuntarily deported, he is nevertheless unavailable to obey the mandate of the court). http://caselaw.lp.findlaw.com/data/ny/cases/app/mot881mem06.pdf