Tooby's California Post-Conviction Relief for Immigrants

An order vacating a sentence on a ground of legal invalidity will eliminate all adverse immigration effects of that sentence.  In addition, an order of the sentencing court changing or modifying the sentence is also effective in eliminating the adverse immigration effects of that sentence.[11]  The most common vehicles for achieving these results are listed below.

· Direct appeal from the sentence

· Petition for a writ of habeas corpus

· Non-statutory motion to vacate the sentence

· Petition for a writ of coram nobis

· Motion to correct void sentence

· Suggestion that the sentencing court recall the sentence pursuant to Penal Code § 1170(d)

· Motion to modify the conditions of probation under Penal Code § 1203.03

· Suggestion that court dismiss an action in the interests of justice under Penal Code § 1385.[12]

[11] See Chapter 8, infra.

[12] For more details concerning these vehicles, see Chapter 8, infra.