Criminal Defense of Immigrants

When a safe haven or other solution to an immigration problem has been found in criminal court, counsel must evaluate the chances of success in obtaining it.  The same goes for a post-conviction solution, as well as for an immigration court solution.  If the chances of success are slim, that solution may not really be considered a solution, and other solutions must be found.  The normal factors counsel uses to evaluate chances of success in a criminal case will of course apply to this analysis as well.  In addition, counsel can consider the factors used to evaluate the chances of success in obtaining post-conviction relief from adverse immigration consequences.  See § § 11.38-11.58, and Appendix F, infra.