Criminal Defense of Immigrants
§ 15.38 J. After Conviction Has Been Vacated
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The steps required to give immigration effect to post-conviction relief will differ depending upon the stage of the immigration proceedings at the time criminal counsel is able successfully to obtain a solution in criminal court. The noncitizen may, for example, need to move to reopen some level of the immigration proceedings, or ask for a remand to a lower court. For further discussion on what steps to take, see § § 11.74-11.85 supra, and N. Tooby, Post-Conviction Relief for Immigrants, Chapter 10 (2004).[488] See § 15.34, supra, concerning a motion to reopen or reconsider a removal order.
[488] See also AILF Practice Advisory: Return to the United States after Prevailing on a Petition for Review (Jan. 17, 2007). http://www.ailf.org/lac/lac_pa_index.shtml.
