Tooby's California Post-Conviction Relief for Immigrants
Chapter 11. Practical Considerations
- §11.1 I. Introduction
- §11.2 II. Dealing with Bias Against Immigrants
- §11.3 A. Defeating Bias Against Clients on the Basis of National Origin
- §11.4 B. Successful Negotiation Using the Immigration Consequences of the Conviction
- §11.5 1. The Legislature Has Determined It Is Proper For Prosecution And Defense To Renegotiate A Criminal Disposition In Light Of The Immigration Consequences
- §11.6 2. The Proposed Solution Is An Appropriate Exercise of Prosecutorial Discretion In The Present Case
- §11.7 3. Sample Negotiation Script
- §11.8 C. The Client Should Receive the Benefit of All Reasonable Doubts in These Cases
- §11.9 1. The Immigrant Receives the Benefit of All Reasonable Doubts
- §11.10 2. The Criminal Defendant Receives the Benefit of All Reasonable Doubts
- §11.11 III. Appointment of Counsel in Writ Proceedings
- §11.12 IV. Interpreters
- §11.13 A. Selecting an Interpreter
- §11.14 B. Using an Interpreter in Court
- §11.15 V. Getting the Client Released from Immigration Custody
- §11.16 A. Immigration Holds and Detainers
- §11.17 B. Bonds in Immigration Court
- §11.18 C. Mandatory Immigration Detention
- §11.19 1. Generally
- §11.20 2. Relief in Federal Court
- §11.21 VI. Obtaining Post-Conviction Relief After a Client Has Been Deported
- §11.22 A. The Post-Conviction Action is not Rendered Moot by the Client's Deportation
- §11.23 B. The Immigration Courts Retain the Power to Bring the Client Back After Deportation if the Conviction Has Been Vacated
- §11.24 VII. Exposure for Illegal Re-Entry
- §11.25 A. The Elements of the Offense
- §11.26 B. Defending an Illegal Re-Entry Prosecution
- §11.27 VIII. Obtaining a Client's Presence in Court
- §11.28 A. Clients in Immigration Custody
- §11.29 B. Clients Who Have Already Been Deported
- §11.30 C. Clients Who Have Returned Illegally
- §11.31 IX. Obtaining Evidence from the Client After Deportation
- §11.32 X. Finding Expert Legal Assistance
- §11.33 A. Finding Post-Conviction Counsel
- §11.34 B. Finding Immigration Counsel
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