Post-Conviction Relief for Immigrants
- §4.1 I. Introduction: Scope of the Chapter
- §4.2 II. Obtaining an Order Vacating a Criminal Conviction that the Immigration Authorities Will Respect
- §4.3 A. A Legally Invalid Conviction Cannot Trigger Immigration Consequences
- §4.4 1. The Long-Standing Rule
- §4.5 2. The New IIRAIRA Definition of Conviction and Matter of Pickering Did Not Change the Basic Rule
- §4.6 3. An Order Vacating a Conviction as Legally Invalid Eliminates the Conviction for All Immigration Purposes
- §4.7 4. Reopening Removal Proceedings After a Conviction Has been Vacated
- §4.8 B. A Conviction Vacated on Purely Humanitarian Grounds, or Under a State Rehabilitative Statute, May Continue to Exist for Immigration Purposes
- §4.9 1. Humanitarian Grounds
- §4.10 2. State Rehabilitative Statutes
- §4.11 C. The Immigration Authorities Cannot Collaterally Attack, in Immigration Court, the Validity of a Criminal Court Order Vacating a Conviction
- §4.12 D. The Government Argument That An Order Vacating a Conviction is Beyond the Jurisdiction of the Criminal Court Should Not Be Accepted
§ 4.3 A. A Legally Invalid Conviction Cannot Trigger Immigration Consequences
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- 4.4 1. The Long-Standing Rule
- 4.5 2. The New IIRAIRA Definition of Conviction and Matter of Pickering Did Not Change the Basic Rule
- 4.6 3. An Order Vacating a Conviction as Legally Invalid Eliminates the Conviction for All Immigration Purposes
- 4.7 4. Reopening Removal Proceedings After a Conviction Has been Vacated
