Tooby's California Post-Conviction Relief for Immigrants
- §4.1 I. Investigating the Case
- §4.2 A. In General
- §4.3 B. The Timing of the Case
- §4.4 C. Dealing With Bias Against Noncitizens
- §4.5 II. Interviewing the Client
- §4.6 A. Preparation
- §4.7 1. Special Considerations
- §4.8 2. NonEnglish Speaking Clients
- §4.9 3. Basic Goals
- §4.10 4. Client's Culture
- §4.11 B. Client Interview
- §4.12 1. Basic Immigration Status Questionnaire
- §4.13 2. Screening for U.S. Citizenship
- §4.14 a. Born in the United States
- §4.15 b. Born to U.S. Citizen Parent(s) Abroad (Acquired Citizenship)
- §4.16 c. Naturalization
- §4.17 d. Child of Naturalized Citizen (Derivative Citizenship)
- §4.18 e. Nationals of the United States
- §4.19 f. American Indians Born in Canada
- §4.20 g. Denaturalization
- §4.21 3. Determining Immigration Status
- §4.22 4. Advice for Client
- §4.23 5. Client's Equities
- §4.24 6. How Important Are the Immigration Consequences to the Client?
- §4.25 7. Criminal Issues
- §4.26 a. The Basic Criminal Case Interview
- §4.27 b. Determining Which Criminal History Reports to Order
- §4.28 c. Prior Convictions and Their Validity
- §4.29 8. Obtaining Information About the Client's Culture
- §4.30 9. Obtaining Medical Information
- §4.31 III. Obtaining Immigration Records
- §4.32 A. FOIA Requests
- §4.33 B. Information on Amnesty Clients
- §4.34 IV. Obtaining Criminal Records
- §4.35 A. Criminal History Reports
- §4.36 1. FBI Criminal History Reports
- §4.37 2. State Criminal History Reports
- §4.38 3. Motor Vehicle Conviction History
- §4.39 4. Correcting Errors in Criminal Histories
- §4.40 B. Obtaining Court Files and Transcripts
- §4.41 C. Record Destruction Does Not Eliminate Convictions
- §4.42 V. Obtaining Assistance from Immigration Counsel
- §4.43 A. Finding Immigration Counsel
- §4.44 B. Initial Consultation
- §4.45 C. On-Going Consultation
- §4.46 D. After Final Disposition of Criminal Case
- §4.47 VI. Obtaining Assistance from Former Counsel
- §4.48 A. Obtaining Attorney's Case File
- §4.49 1. In General
- §4.50 2. Conflict of Interest
- §4.51 3. Attorney-Client and Work-Product Privileges
- §4.52 B. Interviewing Former Defense Counsel
- §4.53 1. Duty to Cooperate With Successor Counsel
- §4.54 2. Mistakes Should Not Trigger Discipline or Malpractice Liability
- §4.55 3. General Considerations
- §4.56 4. Corroborating the Client's Assertions of Prejudice
- §4.57 VII. Obtaining Information About Client's Culture
- §4.58 A. Cultural Experts
- §4.59 B. Cultural Defenses
- §4.60 C. Cultural Mitigation Issues
- §4.61 D. Persecution and Torture of Client if Deported
- §4.62 VIII. Cultural Effects on Medical Investigation
- §4.63 IX. Foreign Investigations
§ 4.21 3. Determining Immigration Status
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Counsel must also obtain information concerning the client’s immigration situation, and the “equities” in favor of obtaining lenient treatment for the client. A questionnaire by which criminal counsel can obtain the basic information necessary to brief immigration counsel on the immigration situation has been included as Appendix A. A more thorough Intake Form is in Appendix B.
