What Can a Criminal Post-Conviction Motion do to Benefit Your Immigration Case?

There a variety of procedures for seeking post-conviction relief for a prior criminal conviction. Depending on your unique immigration status, a criminal conviction may be causing you immigration prejudice such as deportation, denial of naturalization, or exclusion from admission to the United States. Many non-citizens faced with these severe immigration consequences are oftentimes unaware of these consequences at the time they entered their plea and feel hopeless in obtaining immigration relief.

Over the last several years our office has experienced a great deal of success in alleviating the immigration consequences of our clients’ past criminal convictions by successfully litigating various post-conviction motions including Penal Code section 1016.5 motions, “Equitable Relief” dispositions and, most recently, Penal Code section 1473.7 motions. In a significant number of cases, we can make a difference. There is hope.

Although obtaining post-conviction relief for a prior criminal conviction is only one step in the process, it can provide avenues to better results in immigration removal proceedings or obtaining lawful status.

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The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar & Avila, LLP or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.

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