Tooby's California Post-Conviction Relief for Immigrants

This chapter will briefly cover the various procedural vehicles available in California by which post-conviction relief from a criminal conviction may be obtained.  After a general review of the immigration effects of post-conviction relief, the chapter will for each post-conviction vehicle discuss (a) the nature of the vehicle, and its substantive requirements; (b) the specific immigration effect of an order granting it; and (c) the basic procedure by which it can be obtained.  Because of the rich literature available concerning this field, no effort will be made to treat these topics comprehensively.  Under the section dealing with habeas corpus relief, there is a brief discussion of the circumstances under which a noncitizen convicted of a state criminal offense can, after exhausting California possibilities of obtaining relief, pursue his or her claims into United States District Court.  See § § 6.26 et seq., infra; 3.27 et seq.,  supra.