Tooby's California Post-Conviction Relief for Immigrants
§ 2.10 E. Motions to Reopen and Reconsider
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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 Criminal Defense of Immigrants § § 11.74-11.85; N. Tooby, Post-Conviction Relief for Immigrants, Chapter 10 (2004).[158] See Criminal Defense of Immigrants § 15.34, concerning a motion to reopen or reconsider a removal order.
[158] 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.