How Post-Conviction Relief can Save You From Removal

How Post-Conviction Relief can Save You From Removal

Many immigrants who’ve entered a plea of guilty may not fully understand the ramifications of doing so — and some may not be truly guilty of the crime they have been charged with. A guilty conviction for immigrants puts them at risk of deportation. However, post-conviction relief may be used as a deportation defense. Read on to learn more if you may be eligible for post-conviction relief.

What is Post-Conviction Relief?

Post-conviction relief is a legal avenue in which a judgment of conviction can be challenged with the goal of reversing the conviction.

When Is Post-Conviction Relief Granted

You may be eligible for post-conviction relief if:

  • Your lawyer or the court did not adequately advise you of the consequences of a guilty plea and how it would affect your immigration status.
  • Your criminal defense attorney failed to represent you effectively and competently. For example, your criminal defense attorney did not properly investigate your claim, perform due diligence in discovery, and properly examine all ways in which to present your defense.
  • New evidence has been found that would have affected the outcome of your case. For example, new witnesses coming forward in your defense.
  • The prosecution has withheld evidence that could clear your blame (exculpatory evidence).

In some cases, it may be necessary to appeal the entire conviction. An experienced immigration attorney will need to conduct a thorough examination of the record for errors of law and possible abuse of discretion by the judge.

Why You Need an Experienced Immigration Attorney

When it comes to post-conviction relief in immigration matters, you must act quickly. It’s imperative that you contact an immigration attorney as soon as possible. If you or a loved one is facing deportation due to a criminal conviction, we can help.

Contact Yekrangi & Associates at (949) 478-4963 today to learn more about how our experienced immigration attorneys can guide you through every step of the process and ease your concerns.

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