Tooby's California Post-Conviction Relief for Immigrants

In analyzing a case to determine what post-conviction relief is possible and how to obtain it, it is necessary to develop a chronology containing the following information: dates of arrest, plea or verdict (to what offense), sentence, and the date of the end of probation or parole (including any extensions). 

            The same chronology should contain the critical immigration dates and events as well, including original date of entry, status at entry, later immigration statuses and the date they were obtained and lost, the date of the OSC or NTA[3] beginning deportation or removal proceedings, the dates and purposes of significant exits and entrances from and into the United States, key family relationships and the immigration status of immediate family members, etc. 

            An intake questionnaire is included as Appendix B, infra, and contains all the dates of key immigration events normally required to analyze the situation.

            Placing this information in a chronology, with the date at the left, and the event on the right will enable you to determine the immigration effect of each conviction and sentence, the change in the criminal history necessary to eliminate adverse immigration consequences, and basic eligibility requirements for the different forms of post-conviction relief.

The importance of preparing this chronology cannot be overemphasized.  It can be kept up to date with each new development and each change in the applicable law, and will provide an important tool for the ongoing validation of, and necessary changes in, the strategy.

[3] The Order to Show Cause is the charging paper used by the INS to initiate deportation proceedings begun prior to April 1, 1997.  The Notice to Appear serves the same function for removal cases initiated o or after that date.