Name: "Post-Conviction Relief" for Immigration Purposes
Uploaded: 2017-11-25T07:33:12.000Z
Duration: 2 min 5 s
Description: Thousands of YouTube videos with English-Chinese subtitles! Now you can learn to understand native speakers, expand your vocabulary, and improve your pronunciation...

Any time someone who's not a citizen of the United States

Basic passive voice

is convicted of a crime, and later-- sometimes years later--

they find that it has triggered immigration consequences,

that is they're about to be deported or removed

they can't adjust their status, or they're not

allowed to naturalize and become a citizen.

are avenues of what we call post-conviction relief.

That is ways that we can go back retroactively and attack

about the five most common and typical ways

The first is to run a motion to overturn or vacate

the conviction based on ineffective assistance

Basically, saying that the defense attorney was

The second is resentencing for conviction

only deportable if there's a sentence of one year or more.

the person resentenced to 364 days in jail--

And that'll do the trick and avoid deportation.

The third is to reduce a felony to a misdemeanor.

The fourth is a motion to withdraw a guilty plea

And the fifth is a habeas corpus petition

in a situation where the person is still in custody.

where you have a conviction that's causing immigration

consequences, you want to be sure and get an attorney who

understands not only criminal law, but immigration law

And ultimately, to keep you in the United States,

and keep you on a track where you have an opportunity to gain