Tooby's California Post-Conviction Relief for Immigrants

It is possible that adverse immigration consequences may sometimes arise as a result of reopening a case or trying to do so.  For example, if the client has not previously come to the attention of the DHS, the prosecution may report the client to the DHS during the course of the post-conviction litigation.  The DHS may arrest the client and place the client in removal proceedings.

            The client must make the ultimate decision whether the risk of harsher criminal or immigration treatment upon reconviction, after initially obtaining post-conviction relief, outweighs the necessity of obtaining immigration benefits from better handling of the case after the conviction has been vacated.