Post-Conviction Relief for Immigrants



 
 

§ 5.77 5. Immigration Consequences

 
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An order granting habeas corpus relief is effective to eliminate a conviction for immigration purposes, since relief must be based on a ground of legal invalidity that was in existence at the time of the original conviction, as distinguished from relief granted because of some later fact such as rehabilitation or immigration consequences.  In other words, the conviction should never have existed at all.  Therefore, the writ erases the conviction completely for immigration purposes.  See § 4.6, supra.

 

Pendency of Post-Conviction Relief.  The pendency of this request for post-conviction relief does not destroy the finality of the conviction.[304]


[304] See § 5.40, supra.

 

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