Tooby's California Post-Conviction Relief for Immigrants

Immigration counsel can attempt to obtain relief in immigration court for the balance of the problematic criminal history.  For example, in the hypothetical given above, once the sentence is reduced below one year, the conviction will no longer constitute an aggravated felony.  If the client has an additional theft conviction, however, s/he will still be deportable on account of two convictions of crimes involving moral turpitude.  Cancellation of removal, however, is available to the client for this removal ground, so long as the requirements for that form of relief in immigration court are met.  Therefore, there is a realistic possibility immigration counsel can obtain discretionary relief in immigration court to avoid removal on account of the two CMT convictions, once post-conviction counsel has been able to eliminate the aggravated felony conviction by reducing the sentence below one year.