Tooby's California Post-Conviction Relief for Immigrants

Defense counsel in criminal cases involving noncitizens may need to investigate and obtain evidence from outside the United States to present in defense of their clients.[214]  This can pose special difficulties.  The consulate of the defendant’s country will often be willing and able both to assist in the conduct of a foreign investigation and in obtaining foreign evidence for use in courts located in the United States. 

[214] See generally M. Abbell, Obtaining Evidence Abroad in Criminal Cases (2003); Chapter 12, Getting Witnesses and Evidence from Abroad, in R. McWhirter, The Criminal Lawyer’s Guide to Immigration Law 347 (2d ed. 2006). See also DOS Circulars “Service Provisions of the Foreign Sovereign Immunities Act,” “Operation of the Hague Service Convention,” “Operation of the Inter-American Convention on Service,” and “Preparation of Letters Rogatory” at the State Department website, http://travel.state.gov/law/info/judicial/judicial_702.html.