Tooby's California Post-Conviction Relief for Immigrants

Before undertaking to interview a criminal defendant who is not a citizen of the United States, counsel may wish to take several steps in preparation.  It is a good idea to go prepared with an Intake Form (Appendix B, infra) or Basic Immigration Status Questionnaire (Appendix A, infra), to ensure counsel obtains the information from the defendant necessary to diagnose the immigration situation so immigration counsel, when consulted, can be most helpful.  See § 2.4, supra.  It is crucial to ensure that if the client is not fluent in the English language, a competent translator is available to assist in the interview.  See § 2.3, supra.  Try to discover the client’s nationality and other cultural traits, so as to ensure good communication and understanding.  See § § 4.7(D), 4.10, 4.29, 4.57, infra.  Counsel should also review the basic immigration goals to be achieved during the interview.  See § 4.9, infra.