Post-Conviction Relief for Immigrants
Chapter 9. Practical Considerations
- §9.1 I. Introduction
- §9.2 II. Dealing with Bias Against Immigrants
- §9.3 A. Defeating Bias Against Clients on the Basis of National Origin
- §9.4 B. Successful Negotiation Using the Immigration Consequences of the Conviction
- §9.5 1. The Legislature has Determined it is Proper for Prosecution and Defense to Renegotiate a Criminal Disposition in Light of the Immigration Consequences
- §9.6 2. The Proposed Solution is an Appropriate Exercise of Prosecutorial Discretion in the Present Case
- §9.7 3. Sample Negotiation Script
- §9.8 C. The Client Should Receive the Benefit of All Reasonable Doubts in These Cases
- §9.9 1. The Immigrant Receives the Benefit of All Reasonable Doubts
- §9.10 2. The Criminal Defendant Receives the Benefit of All Reasonable Doubts
- §9.11 III. Appointment of Counsel in Writ Proceedings
- §9.12 IV. Interpreters
- §9.13 A. Selecting an Interpreter
- §9.14 B. Using an Interpreter in Court
- §9.15 V. Obtaining a Client’s Presence in Court
- §9.16 A. Clients in Immigration Custody
- §9.17 B. Clients Who Have Already Been Deported
- §9.18 C. Clients Who Have Returned Illegally
- §9.19 VI. Obtaining Evidence from the Client After Deportation
- §9.20 VII. Finding Expert Post-Conviction Counsel
- §9.21 A. Finding Post-Conviction Counsel
- §9.22 B. Finding Immigration Counsel
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