Tooby's California Post-Conviction Relief for Immigrants
- §3.1 I. Introduction and Overview
- §3.2 II. A Triage Guide to Post-Conviction Cases
- §3.3 A. The Current Status of the Client
- §3.4 1. The Client Is Clean and Sober
- §3.5 2. The Client Has Strong Equities
- §3.6 3. The Client Has Served the Time and Is Currently Out of Custody
- §3.7 4. The Client Has No Outstanding or Potential Arrest Warrants
- §3.8 5. The Client Has No Current Aggravated Re-entry Exposure
- §3.9 6. The Client Is Lawfully Present in the United States
- §3.10 B. The Criminal Situation
- §3.11 1. A Small Criminal Case Has Large Immigration Effects
- §3.12 2. The Client Has 1 or Few Damaging Convictions
- §3.13 3. Number and Diversity of Original Charges
- §3.14 4. The Evidence of Guilt Is Weak, or the Client Has a Plausible Claim of (Partial) Innocence
- §3.15 5. The Client Was Charged Jointly With 1 or More Codefendants
- §3.16 6. A Relatively Minor Change in Conviction or Sentence Will Solve the Immigration Problem
- §3.17 7. There Is Small Risk the Client Will Receive Additional Time in Custody if the Case Is Reopened and the Client Is Reconvicted
- §3.18 a. Adverse Criminal Consequences
- §3.19 b. Adverse Immigration Consequences
- §3.20 8. The Jurisdiction Where the Conviction Occurred Is Relatively Sympathetic
- §3.21 9. Incomplete Initial Defense Investigation
- §3.22 10. Technical Problems with Prosecution Case
- §3.23 C. The Timing of the Case
- §3.24 1. Federal Time Limits
- §3.25 a. Motion to Vacate Sentence Under 2255
- §3.26 b. Coram Nobis Time Limits
- §3.27 c. Attacking State Convictions
- §3.28 2. California Time Limits
- §3.29 a. Habeas Corpus and Nonstatutory Constitutional Motion to Vacate
- §3.30 b. Coram Nobis
- §3.31 c. Motion to Vacate Conviction for Violation of Penal Code §x1016.5
- §3.32 d. Expungement Pursuant to Penal Code 1203.4(a)
- §3.33 e. Motion to Reduce Felony to Misdemeanor
- §3.34 3. The Client Has 6 Months or More Before Irrevocable Immigration Damage Occurs
- §3.35 4. There Is Still Time To Reopen the Immigration Case if Criminal Convictions Are Eliminated
- §3.36 5. The Records Necessary To Establish Error in the Criminal Case Still Exist
§ 3.30 b. Coram Nobis
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There is also no specific deadline for filing a coram nobis petition in California, although the defendant must use due diligence to discover the facts and pursue the writ. See § 6.41, infra.
