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Setting aside convictions for immigrants past procedural time for appealing pleas

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  • Setting aside convictions for immigrants past procedural time for appealing pleas

    Good People,

    I have been researching this issue and have found little. My attorney represents several immigrants who in the past took guilty pleas in criminal court due to counsel not advising them of immigration consequences or procedural time for appeal (both federal and Florida). They now face the threat of deportation due to these pleas. Is there a way to file a motion to set aside after the time for appeal has passed either in the trial court or by way of appeal. Your feedback would be appreciated.
    Last edited by hightowere; 08-28-2012, 02:15 PM.

  • #2
    I had something similiar happen to me in OKC(the yr was 1998) and as far as I can remember the attorney never told me about the consequences with the immigration status.Now its 2012 and Im facing deportation and it seems that I dont qualify for any kind of relief.

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    • #3
      Hi, you need to get yourself a good criminal/immigration attorney, I`m not sure where u live, but you can google post conviction relief, also modification of sentence, you can also seek a pardon from the governor of the state where you were convicted (under the guidelines of the Office of Immigration Litigation, a governors pardon should resolve your inadmissability or deportability issues, also google criminal relief, also check out US supreme court ruling Kentucky v. Padilla. I hope this helps, good luck.

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