Post-Conviction Relief for Immigrants

Chapter

§9.1 I. Introduction
§9.2 II. Dealing with Bias Against Immigrants
§9.3 A. Defeating Bias Against Clients on the Basis of National Origin
§9.4 B. Successful Negotiation Using the Immigration Consequences of the Conviction
§9.5 1. The Legislature has Determined it is Proper for Prosecution and Defense to Renegotiate a Criminal Disposition in Light of the Immigration Consequences
§9.6 2. The Proposed Solution is an Appropriate Exercise of Prosecutorial Discretion in the Present Case
§9.7 3. Sample Negotiation Script
§9.8 C. The Client Should Receive the Benefit of All Reasonable Doubts in These Cases
§9.9 1. The Immigrant Receives the Benefit of All Reasonable Doubts
§9.10 2. The Criminal Defendant Receives the Benefit of All Reasonable Doubts
§9.11 III. Appointment of Counsel in Writ Proceedings
§9.12 IV. Interpreters
§9.13 A. Selecting an Interpreter
§9.14 B. Using an Interpreter in Court
§9.15 V. Obtaining a Client�s Presence in Court
§9.16 A. Clients in Immigration Custody
§9.17 B. Clients Who Have Already Been Deported
§9.18 C. Clients Who Have Returned Illegally
§9.19 VI. Obtaining Evidence from the Client After Deportation
§9.20 VII. Finding Expert Post-Conviction Counsel
§9.21 A. Finding Post-Conviction Counsel
§9.22 B. Finding Immigration Counsel

§ 9.1 (D)

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(D) Obtaining the Client’s Presence After Deportation. This chapter will discuss the challenging topic of various means of obtaining the client’s presence in court during post-conviction proceedings after the client has been deported. See § § 9.15-9.18, infra.