Post-Conviction Relief for Immigrants

It is important, if at all possible, to arrange for the client to be present in court with counsel (and many of the client’s family and friends), at the time the post-conviction hearings are conducted.  This is in order to personalize the client, introduce him or her to the prosecutor if possible, show how much the client cares about remaining in the United States, and show the reliability that comes from the client being a free person in the community.

There are several circumstances in which it may be quite difficult to obtain the client’s presence in court for the hearing: (1) if the client is in immigration custody; (2) if the client has already been deported; and (3) especially if the client has already been deported but has returned illegally.  It is possible in some cases to obtain the client's presence, however — even in these difficult circumstances — and should be attempted.