Home -> Law Blog Directory -> Criminal Law Blogs -> Southern California Criminal Defense Blog

Criminal Law

: Southern California Criminal Defense Blog

California Supreme Court Limits Options Available to Immigrants Trying to Avoid Deportation Part II

By Walin & Klarich

A previous article began the discussion of how the California Supreme Court decided in March 2009 that immigrants facing deportation are no longer provided with the option of two common post conviction challenges. These include the legal procedures of a writ of habeas corpus and a write of error coram nobis, which provide post conviction relief if immigration consequences have been altered. Withdrawal of Plea In most states, immigrants have available to them procedures to clean their record of deportable offenses. California however has no such procedure. The court ruled in a unanimous decision, that only defendants who are still in state custody may use writs of habeas corpus. In one recent case, People v. Kim, an immigrant no longer in custody may not exercise a writ of coram nobis, which in the past would allow an immigrant the opportunity of an investigation into ineffective representation that led to a guilty plea...continue to full post

Full post as published by Southern California Criminal Defense Blog on August 25, 2009 (boomark / email).