Post-Conviction Relief for Immigrants



 
 

§ 7.65 V. Grounds to Vacate the Sentence

 
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Where a problematic sentence has already been imposed, it is frequently possible to vacate or reduce it so as to eliminate the adverse immigration consequences.  This part of the chapter will suggest a number of the more common grounds that may be advanced in criminal court to obtain such an order, and provide some basis for choosing which to use for greatest effectiveness in immigration proceedings.

 

The list of potential grounds on which a sentence may be vacated is very large.[191]  All grounds to vacate a conviction also have the effect of vacating the associated sentence.  See § 7.71, infra.  Moreover, discretionary or rehabilitative orders vacating or reducing a sentence are effective to eliminate the immigration consequences of the original sentence.  See § 7.68, infra.  In addition, many other grounds of legal invalidity can serve as a basis on which to vacate a sentence.  See § § 7.74, et seq., infra.  The selective list of grounds given here is grouped in certain categories, for ease of consideration.


[191] Cafone, Vacation of Illegal Sentences, Chap. 46, in Criminal Defense Techniques (2003). 

 

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