Tooby's California Post-Conviction Relief for Immigrants

The most common forms of post-conviction relief capable of vacating or modifying a criminal sentence include:

direct appeal from the sentence (see § 8.29, infra);

petition for a writ of habeas corpus (see § 8.30, infra);

non-statutory motion to vacate the sentence (see § 8.31, infra);

petition for a writ of coram nobis (see § 8.32, infra);

motion to correct void sentence (see § 8.33, infra);

suggestion that the sentencing court recall the sentence pursuant to Penal Code § 1170(d) (see § 8.34, infra); and

motion to modify the conditions of probation under Penal Code § x1203.03 (see § 8.35, infra).

            The discussion here will not attempt to discuss each of these vehicles at length.  A rich literature is already available concerning post-conviction procedure and practice, including Chapter 6, supra, regarding post-conviction vehicles to vacate criminal convictions.  The brief discussion here will focus on the basic practical and procedural requirements of each form of relief useful for vacating or reducing a sentence, and any features of particular interest to counsel attempting to vacate or reduce criminal sentences for immigration purposes.

Certain important immigration consequences of a conviction can also be changed by means of a motion to reduce the level of the offense, from felony to misdemeanor, or from misdemeanor to infraction.  See Chapter 9, infra.