Post-Conviction Relief for Immigrants

Even in the Ninth Circuit, a guilty plea to a first-offense possession charge that may later effectively be expunged still constitutes a conviction for immigration purposes until the state rehabilitative relief is granted.  It is possible, therefore, that a defendant may be subjected to deportation proceedings, and even deportation, before probation can be completed and an effective expungement can be obtained.  It is therefore necessary to protect the client against this unjust result until the conviction can be eliminated through effective state rehabilitative relief.  This can be attempted both in immigration court, and in criminal court.