Worksheet: California Post-Conviction Relief for Immigrants

Post-Conviction Relief
Removal Defense
Publication Date

Thousands of noncitizens in California are at risk of removal because they have criminal convictions that were unlawfully imposed. California law provides several ways to eliminate these convictions with post-conviction relief (PCR). The challenge is that there are not enough PCR experts to meet the need, especially for low-income immigrants.
This Worksheet is designed to help advocates analyze and evaluate an immigration post-conviction relief case.  Using a series of questions and lists of resources, it addresses issues such as collecting documents, creating a chronology, and identifying error, prejudice, alternative pleas, and strong and weak aspects of a case. It is designed for advocates who are somewhat new to the practice, or are supporting PCR practitioners, but it also may be useful for experienced advocates.
Note that this field is complex in theory and practice. Advocates new to the field must partner or consult with an experienced practitioner.