Criminal Defense of Immigrants

For a more thorough discussion of post-conviction relief for immigrants, see N. Tooby, Post-Conviction Relief for Immigrants (2004), the chief value of which is that it collects the widest variety of vehicles and grounds on which post-conviction relief may be sought.  More than 40 different federal constitutional grounds to vacate convictions based on guilty pleas have been collected in that book, that can be used in any jurisdiction within the United States.  It also provides a detained analysis of how to evaluate the chances of obtaining post-conviction relief from the immigration effects of a criminal conviction that can be used anywhere, since it depends on practical factors rather than the vagaries of state law.  Post-Conviction Relief for Immigrants also attempts to list all of the possible vehicles that may be used to obtain post-conviction relief for immigrants in state and federal court.  While it has not proven possible to describe the post-conviction law in detail in each of the different jurisdictions, the book offers a useful outline of the post-conviction process, together with an understanding of the way in which relief may be obtained. 

                A selective Bibliography of the secondary literature concerning the topics of (1) post-conviction relief in general; (2) immigration consequences of criminal cases, (3) cultural influences on noncitizen defendants, (4) ineffective assistance of counsel, and (5) issues relating to the validity of guilty pleas and sentences is available at http://www.CriminalAndImmigrationLaw.com.

There are two state-specific works concentrating on post-conviction relief for immigrants:

California.  See N. Tooby, California Post-Conviction Relief for Immigrants (2001 ed. With 2002 Supp.).  This work collects all California post-conviction vehicles of use to immigrants, and gathers the state and federal grounds for relief, with sample motions and petitions.  It is available on www.CriminalAndImmigrationLaw.com.

Washington.  See Ann Benson, Post-Conviction Relief For Immigrants In Washington State (Washington Defender Association’s Immigration Project, 2004).  This is an excellent book on post-conviction relief for immigrants under Washington State law.  The book is available from the Washington Defenders Immigration Project, 1401 E. Jefferson St. Suite 200, Seattle, WA  98122: Tel: 206-726-3332; Fax: 206-726-3170, Email: defendimmigrants@aol.com

All States.  For an excellent compilation of the law governing post-conviction relief in each state, see Donald E. Wilkes, Jr., State Post-Conviction Remedies and Relief Handbook (2006 ed.), which summarizes the pertinent statutes and caselaw in each jurisdiction, but does not focus on immigration issues.