Criminal Defense of Immigrants

(A)  Client Resides Abroad.  If the client has already been deported, it is somewhat more difficult to arrange for his or her presence in court.  The United States Attorney General has statutory authority to parole a noncitizen into the United States on a temporary, nonimmigrant basis.[248]  This provision is routinely used by prosecutors who seek temporary admission of noncitizens to serve as witnesses in criminal cases, but there is no reason why it should not be made available temporarily to admit a noncitizen petitioner in a post-conviction proceeding who wishes to attend and testify at his or her hearing.  For a discussion of reopening removal proceedings on behalf of clients who were first deported, and then vacated the predicate conviction, see N. Tooby, Post-Conviction Relief for Immigrants § § 10.15 et seq. (2004).

[248] INA § § 212(d)(1), (d)(3)(B), 8 U.S.C. § § 1182(d)(1), (d)(3)(B).