Criminal Defense of Immigrants

(E)  Equities.  It is far easier to be successful in obtaining post-conviction relief if the client has sufficient equities to convince the prosecutor and court that s/he deserves to stay in the United States.  Strong equities are very useful in motivating criminal court and prosecutor to give the client a break.  This factor is nearly indispensable to successful post-conviction work.

                If this factor is not present, the case can be won only if it presents extreme errors in the process that led to the conviction, plus enough evidence of innocence or technical problems in the prosecution case in effect to force an immigration-harmless result through negotiation or litigation.

                Favorable equities are at least as important as the legal argument in obtaining post‑conviction relief, if not more so.  Counsel may use them to persuade judges, prosecutors, the client’s former defense lawyers, and others to support the client’s efforts to remain in the United States.  See § 3.23, supra.