Post-Conviction Relief for Immigrants



 
 

§ 5.73 1. General Requirements for Issuance

 
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Habeas corpus is a way to attack unlawful custody, of which legally invalid criminal convictions constitute one source.  Generally speaking, the petitioner must establish (a) that s/he is subject to some form of actual or constructive custody, see § 5.75, infra, resulting from (b) an unconstitutional or otherwise unlawful criminal conviction, and (c) the petition was not barred by a statute of limitations nor otherwise untimely.  See § 5.74, infra.

 

 

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