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Post-Conviction Relief for Non-Citizens

By Neil Shous, Esq.

Hundreds of thousands of non-citizens face immigration consequences for prior criminal convictions. These consequences affect legal and illegal immigrants alike, and can include deportation, denial of re-entry and denial of the chance for naturalization to the United States. An area of criminal law exists that involves efforts to go back and modify, and sometimes vacate, these convictions. Lawyers generally call this post-conviction relief. Sometimes this involves seeking retroactively to reduce or change sentencing. An aggravated felony, for example, triggers immigration consequences when the sentence is for 365 days or longer. Modifying a sentence to, say, 364 days can sometimes stop a person's deportation. But the most common form of post-conviction relief is a motion to vacate a prior conviction...continue to full post

Full post as published by California Criminal Defense Blog on July 31, 2009 (boomark / email).