Tooby's California Post-Conviction Relief for Immigrants

Adverse immigration consequences may sometimes arise as a result of reopening a case or trying to do so.  For example, if the client has not previously come to the attention of the DHS, the prosecution may report the client to the DHS during the course of the post-conviction litigation.  The DHS may arrest the client and place him or her in removal proceedings.  In another situation, the client may be deportable for a conviction for which discretionary relief is possible in immigration court.  If the conviction is reopened, the client may suffer a different conviction that totally immigration relief.

            The client must make the ultimate decision whether the risk of obtaining worse criminal or immigration consequences after obtaining post-conviction relief outweighs the immigration benefits s/he seeks.