Post-Conviction Relief for Immigrants

Post-Conviction Case Evaluation Checklist

CLIENT: ______________________________

DATE: _______________________________

1.         The Current Status of the Client

a.     The Client Is Clean and Sober.

b.    The Client Has Strong Equities.

c.     The Client Has Served the Time and Is Now Out of Custody.

d.    The Client Has No Outstanding or Potential Arrest Warrants.

e.     The Client Has No Current Aggravated Re-entry Exposure.

f.     The Client Is Lawfully Present in the United States.

2.         The Criminal Situation:

a.     A Small Criminal Case Has Large Immigration Effects.

b.    The Client Has One or Few Damaging Convictions.  If More Than One, They Flowed From One Guilty Plea Proceeding.

c.     The Original Charges Were Few and Diverse.

d.    The Evidence of Guilt Is Weak, or the Client Has A Plausible Claim of (Partial) Innocence.

e.     The Client Was Charged Jointly With One or More Codefendants.

f.     A Relatively Minor Change in Conviction or Sentence Will Solve the Immigration Problem.

g.    There is Small Risk The Client Will Receive Additional Time in Custody if the Case is Reopened and the Client is Reconvicted.

h.    The Jurisdiction Where the Conviction Occurred is Relatively Sympathetic.

i.     The Initial Defense Investigation Was Incomplete.

j.     There Were Technical Problems With the Prosecution Case.

3.         The Timing of the Case

a.     Post-Conviction Deadlines Have Not Passed.

b.    The Client has Six Months or More Before Irrevocable Immigration Damage Occurs.

c.     There is Still Time to Reopen the Immigration Case if Criminal Convictions are Eliminated.

d.    The Records Necessary To Establish Error in the Criminal Case Still Exist.