Tooby's California Post-Conviction Relief for Immigrants

If the client attacks a conviction and succeeds in setting it aside, in some cases there is some risk that the client may suffer greater criminal convictions or punishment or worse immigration consequences if the client is convicted again.  The client should be advised of this possibility.[18]

Possible adverse consequences include (a) adverse criminal consequences, such as a greater jail sentence or more numerous or more serious convictions than in the original case, and (b) adverse immigration consequences.  Immigration consequences include, as examples, a later conviction of an aggravated felony when the original conviction was only a crime involving moral turpitude, or earning the attention of the DHS and being placed in removal proceedings, when the DHS had not previously paid any attention to the client.

[18] Rule 2.1, California Rules of Professional Responsibility.