Motion to Continue Immigration Due to Post conviction Relief
The Immigrant Legal Resource Center (ILRC) is one of only a few technical assistance organizations nationally and in California with expertise on immigrant post-conviction relief, including clean slate and other record clearance remedies. Immigrants with criminal convictions are more vulnerable than any other group to being a target for deportation and make up the overwhelming majority of deportations that occur in any year.
The ILRC works to protect the rights of individuals who have come into contact with the criminal justice system through policy and advocacy efforts, numerous in-person and webinar trainings, case-specific assistance, and our pro bono immigrant post-conviction relief project.
For people whose convictions effectively close all doors to immigration relief, vacating the conviction in criminal court is the only way to preserve a chance of remaining in the United States. The underlying convictions are frequently unlawful. Commonly, the defect lies with a noncitizen defendant's failure to understand or have been advised or defended against a conviction's immigration consequences. Recognizing that "deportation is an integral part—indeed, sometimes the most important part—of the penalty that may be imposed on noncitizen defendants," the Supreme Court held inPadilla v. Kentucky that a defense counsel's failure to provide this immigration advice renders a conviction unconstitutional."
Latest Resources
Date Published:
07/14/2022
In 2016, California enacted California Penal Code § 1473.7, a post-conviction relief vehicle allowing people no longer in criminal custody to vacate legally defective convictions.
Date Published:
07/12/2022
Thousands of noncitizens in California are at risk of removal or cannot qualify for immigration relief because they have unlawfully imposed criminal convictions.
Date Published:
06/27/2022
This advisory provides detailed instruction on how and where to file a motion to reopen for attorneys who have successfully vacated a conviction for immigration purposes and their client is now eligible for termination or a form of relief.
Date Published:
05/05/2022
So, you're organizing a local town hall or candidate forum about DA and immigration; great! ILRC has developed a number of resources that can be helpful.
Date Published:
03/16/2022
The ILRC and partner organizations submitted the attached letter and BIA case summary to OPLA leadership, clarifying that vacaturs issued pursuant to California Penal Code § 1473.7(a)(1) correct legally and procedurally defective convictions, meeting the standard set forth in Matter of Pick
Date Published:
12/14/2021
This Chart summarizes the criminal record bars to many forms of relief, to provide a quick way to check whether your client is potentially eligible for relief.
Date Published:
10/05/2021
With a few exceptions, immigration authorities must use the "categorical approach" to determine whether a criminal conviction triggers a ground of removal.
Date Published:
06/18/2021
On January 1, 2021, multiple California criminal reform laws took effect. These laws were passed to help all defendants regardless of immigration status, but they can be of special help to noncitizens. Advocates should understand how these laws may help a client's immigration case.
Date Published:
06/03/2021
Immigration law has its own definition of what constitutes a criminal conviction. The Board of Immigration Appeals (BIA) and other courts have held that certain types of pretrial diversion and intervention agreements that result in dismissal under state law can still const
Date Published:
05/21/2021
The majority of states have legalized some use of marijuana, but marijuana remains afederal Schedule I controlled substance. Therefore, any conduct involving marijuana can be very dangerous for immigrants – including conduct that is permitted under state law.
Date Published:
04/14/2021
In Pereida v. Wilkinson, 141 S.Ct. 754 (March 4, 2021), the Supreme Court issued another opinion on the categorical approach, which is the analysis authorities use to decide whether a criminal conviction triggers removal grounds.
Helping Immigrant Clients with Post-Conviction Legal Options
A guide created by the ILRC and Californians for Safety and Justice to help build the capacity of legal service providers and pro bono attorneys to provide post-conviction relief to immigrants who would face certain deportation without it.
Source: https://www.ilrc.org/immigrant-post-conviction-relief
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