Post-Conviction Relief and Judicial Review Speaker: Satnam Singh satnamlaw@aol.com 5739 Northampton Blvd. Norfolk, VA 23502 (757) 455-8555

Analyze Immigration Consequences of Criminal Records Whether the criminal disposition qualifies as a conviction under INA? What specific immigration provisions apply: Inadmissibility/deportability? Forms of relief: waivers, post-conviction relief, and judicial reviews.

Is Relief Available Despite Conviction? Waivers: USCIS or Immigration Court

Post-Conviction Relief: Vacating or Amending the Judgment Convicting Court: Federal or State Need to Have: Procedural Mechanism Writs of Coram Nobis, Coram Vobis, Error Audita Querala Legal basis to revisit the conviction Order to Vacate or Amend Conviction/Sentence Personal equities and favorable factors

Post-Conviction Relief: Vacating or Amending the Judgment Basis: Ineffective assistance of counsel: Padilla, Strickland Subsequent changes in law or interpretation Inadvertent errors Statutory Defects Procedural Defects If nothing else : Deferred Action or Deferred Enforced Departure from ICE/ERO

Judicial Review If eligible for relief but still denied. District court: AOS, N-400 Court of Appeals: Removal Orders