Post-Conviction Relief

The Trump Administration has announced the “phase-out” of DACA, and tens of thousands of DACA recipients must decide whether to apply for a last renewal.  Other DACA recipients are wondering what may happen to them if they can’t or don’t renew.  This is an especially worrisome situation for DACA recipients who have a criminal record. Acknowledging that we don’t yet have clear answers, this advisory will provide information to help advocates address the following questions with their clients: Is it “safe” for someone with a criminal history to renew their DACA application? What kinds of legal self-defense steps can people take, whether or not they apply to renew? What are the “dangerous crimes” that are bars to DACA and/or listed in the Notice to Appear Memorandum (NTA Memo)?

Prepared by Angie Junck and Raha Jorjani, this primer is designed to educate District Attorneys interested in learning more about the immigration impact of criminal convictions.

The Judicial Council of California produces forms for pro se petitioners.  The CR-180 and CR-181 forms cover various forms of “clean slate” remedies, including reducing felonies to misdemeanors (17(b)), set asides and dismissals (1203.4), and vacaturs after successful completion of probation (1203.43).  The forms also contain a notation to 18.5 which makes clear that felonies reduced to misdemeanors carry a maximum of 364-day sentence.

Heidi Altman and Angie Junck authored this article for the Association of Prosecuting Attorneys.Originally published in Lex Quod Ordo, the Association of Prosecuting Attorneys Quarterly Newsletter, Winter/Spring 2014, Volume IV, Issue IV. http://www.apainc.org/

In May, the US Commission on Civil Rights convened a hearing on collateral consequences. The Commission solicited testimony from thought leaders about the lingering consequences that convictions can cause. Rose Cahn submitted testimony regarding the intersection of crimes and immigration law and laid out clear policy recommendations for jurisdictions interested in mitigating or eliminating the immigration consequences of criminal convictions.

So you’ve won a 1473.7 motion, now what? For immigration purposes it’s important to document the victory and secure a signed order from an immigration judge. The signed order need not go into great detail; under Matter of Pickering, it is sufficient for the order to state generally that the conviction was vacated on a ground of legal invalidity. Attached please find a sample order for a grant of a 1473.7 motion.

This one-page infographic summarizes the various California post-conviction relief vehicles, their requirements, and their immigration benefits.

This intake form, available in both English and Spanish, is designed to assist legal service providers and nonprofit organizations interested in screening clients for immigrant post-conviction relief services.

Students at the UC Irvine Immigrant Rights Clinic prepared a Penal Code 1473.7 motion to vacate for one of their clients and offered it as a resource for others filing similar motions. This motion is a reference tool only, and should not be used as a template or a model, nor should it be reproduced without substantial alterations. If you are filing a 1473.7 motion, you must perform your own legal research and draft your own materials, as the law in this area is rapidly changing and case-specific motions have significantly higher success rates in criminal courts.

A new law will go into effect January 1, 2017 that will provide people who are no longer in custody with a new way to vacate legally invalid convictions. This advisory discusses how the law can help immigrants erase old convictions thus opening up new pathways to immigration relief.