Tooby's California Post-Conviction Relief for Immigrants

Chapter

§11.1 I. Introduction
§11.2 II. Dealing with Bias Against Immigrants
§11.3 A. Defeating Bias Against Clients on the Basis of National Origin
§11.4 B. Successful Negotiation Using the Immigration Consequences of the Conviction
§11.5 1. The Legislature Has Determined It Is Proper For Prosecution And Defense To Renegotiate A Criminal Disposition In Light Of The Immigration Consequences
§11.6 2. The Proposed Solution Is An Appropriate Exercise of Prosecutorial Discretion In The Present Case
§11.7 3. Sample Negotiation Script
§11.8 C. The Client Should Receive the Benefit of All Reasonable Doubts in These Cases
§11.9 1. The Immigrant Receives the Benefit of All Reasonable Doubts
§11.10 2. The Criminal Defendant Receives the Benefit of All Reasonable Doubts
§11.11 III. Appointment of Counsel in Writ Proceedings
§11.12 IV. Interpreters
§11.13 A. Selecting an Interpreter
§11.14 B. Using an Interpreter in Court
§11.15 V. Getting the Client Released from Immigration Custody
§11.16 A. Immigration Holds and Detainers
§11.17 B. Bonds in Immigration Court
§11.18 C. Mandatory Immigration Detention
§11.19 1. Generally
§11.20 2. Relief in Federal Court
§11.21 VI. Obtaining Post-Conviction Relief After a Client Has Been Deported
§11.22 A. The Post-Conviction Action is not Rendered Moot by the Client's Deportation
§11.23 B. The Immigration Courts Retain the Power to Bring the Client Back After Deportation if the Conviction Has Been Vacated
§11.24 VII. Exposure for Illegal Re-Entry
§11.25 A. The Elements of the Offense
§11.26 B. Defending an Illegal Re-Entry Prosecution
§11.27 VIII. Obtaining a Client's Presence in Court
§11.28 A. Clients in Immigration Custody
§11.29 B. Clients Who Have Already Been Deported
§11.30 C. Clients Who Have Returned Illegally
§11.31 IX. Obtaining Evidence from the Client After Deportation
§11.32 X. Finding Expert Legal Assistance
§11.33 A. Finding Post-Conviction Counsel
§11.34 B. Finding Immigration Counsel

§ 11.32 X. Finding Expert Legal Assistance

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It is important to seek counsel with sufficient expertise to handle the post-conviction case effectively. Thus, immigration counsel will seek competent post-conviction counsel, and criminal and post-conviction counsel will need to obtain assistance of immigration counsel experienced in dealing with the criminal problems of immigrants.