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Post-Conviction Relief and Judicial Review
Speaker: Satnam Singh 5739 Northampton Blvd. Norfolk, VA 23502 (757)
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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.
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Is Relief Available Despite Conviction?
Waivers: USCIS or Immigration Court
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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
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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
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Judicial Review If eligible for relief but still denied.
District court: AOS, N-400 Court of Appeals: Removal Orders
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