Post-Conviction Relief for Immigrants

            It may be possible to speed up the successful completion of probation that is a predicate for state rehabilitative relief in many states.  In other words, even though a fixed term is initially set, the court often retains jurisdiction to shorten the term of probation or drug treatment, and terminate the probation early, at which time the defendant becomes eligible for the state rehabilitative relief that will eliminate the conviction for immigration purposes.  See § 7.63, supra.

            Some courts are open to a request to shorten probation to permit state rehabilitative relief, so as to eliminate the immigration consequences of a conviction, where the equities are strong.  It may be possible to retain the defendant on probation on another count, but to terminate probation on the sole count that is triggering removal, to permit relief on the removable count while retaining the social control through probation on an unrelated count or case.  It may even be possible to reinstate an unrelated charge, plead guilty to that non-deportable charge, and obtain continuing probation on that new conviction, while terminating probation on the count that is the basis of removal proceedings.