Post-Conviction Relief for Immigrants

The Immigration Act of 1990 provided that the abolition of the JRAD was retroactive, so that offenses committed before the act’s effective date of November 29, 1990 could not be treated by the JRAD after November 29, 1990, the effective date of the amendment.[106]  The Ninth Circuit upheld the statute.[107]  Similarly, where counsel’s error forfeited the client’s right to make a motion for a timely JRAD, the Constitution requires that the client be afforded this opportunity.

[106] Immigration Act of 1990, Pub. L. No. 101-649, § 505, 104 Stat. 4978, 5081.

[107] United States v. Murphey, 731 F.2d 606 (9th Cir. 1991) (sentencing judges divested of jurisdiction to issue JRAD as of Nov. 29, 1990, date of passage of Immigration Act of 1990, Pub. L. No. 101-649, 104 Stat. 4978; ex post facto concerns not discussed).