Criminal Defense of Immigrants


§ 11.72 A. Vehicles

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The most common forms of post-conviction relief capable of vacating or modifying a criminal sentence include:


(1)  Direct appeal from the sentence.[1]

(2)  Petition for a writ of habeas corpus.[2]

(3)  Non-statutory motion to vacate the sentence.[3]

(4)  Petition for a writ of coram nobis.[4]

(5)  Motion to correct void sentence.[5]

(6)  Motion to recall sentence.[6]

(7)  Motion to modify the conditions of probation.[7]

(8)  Motion to shorten probation or parole.[8]


                The discussion here will not attempt to discuss each of these vehicles at length.  A rich literature is already available concerning post-conviction procedure and practice, including N. Tooby, Post-Conviction Relief for Immigrants Chapter 5 (2004), regarding post-conviction vehicles to vacate criminal convictions.[9]  The brief discussion here will focus on the basic practical and procedural requirements of each form of relief useful for vacating or reducing a sentence, and any features of particular interest to counsel attempting to vacate or reduce criminal sentences for immigration purposes.


[1] See N. Tooby, Post-Conviction Relief for Immigrants § 7.56 (2004).

[2] See ibid., § 7.57.

[3] See ibid., § 7.58.

[4] See ibid., § 7.59.

[5] See ibid., § 7.60.

[6] See ibid., § 7.61.

[7] See ibid., § 7.62.

[8] See ibid., § § 7.63-7.64.

[9] See also Bibliography,