Tooby's California Post-Conviction Relief for Immigrants



 
 

§ 11.21 VI. Obtaining Post-Conviction Relief After a Client Has Been Deported

 
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All hope is not lost if the noncitizen has been deported by the DHS before post-conviction relief has been obtained.  It is, however, urgent to obtain this relief prior to deportation if at all possible, since it is quite a bit harder to immigrate into the United States thereafter than it is to avoid deportation in the first place.  It is, however, possible, at least in the Ninth Circuit, to vacate the underlying criminal conviction and then compel the DHS to return your deported client to the United States. 

 

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