§ 3.45 C. On-Going Consultation
For more text, click "Next Page>"
It is often very desirable to maintain on-going consultation between criminal and immigration counsel as the criminal case develops, since new issues may arise.
STRATEGY " CRIMINAL COUNSEL SHOULD COOPERATE WITH IMMIGRATION COUNSEL TO REVIEW DEFENDANTS DECLARATIONS AND COUNSELS ARGUMENTS IN CRIMINAL AND POST-CONVICTION PROCEEDINGS TO ENSURE THEY WILL NOT DAMAGE THE CLIENTS POSITION IN LATER REMOVAL PROCEEDINGS
Post-conviction attorneys aiding noncitizens to obtain post-conviction relief should contact immigration counsel who is or will be representing the client in removal or other immigration proceedings, and ask them to review the immigration-related legal arguments and factual statements of the client before using them in criminal and post-conviction proceedings. This is to ensure that post-conviction counsel does not provide ammunition to the DHS immigration prosecutors that could damage the clients position if he or she is placed in immigration proceedings. This includes not only attempts to vacate convictions and sentences, but also motions for state rehabilitative relief and the like. For example, if counsel provides a declaration signed by the defendant referring to his or her drug addiction and recovery, that evidence could be used by the government in immigration proceedings to establish a conduct-based ground of drug abuse or addiction deportability or inadmissibility.