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California Supreme Court Limits Options Available to Immigrants Trying to Avoid Deportation Part I

By Walin & Klarich

The California Supreme Court ruled in March 2009 that immigrants who are facing deportation may no longer rely on two common post-conviction challenges: the legal procedures of a writ of habeas corpus or a writ of error coram nobis that provide post conviction relief if immigration consequences have been altered. The courts ruled in two separate cases, People v. Kim and People v. Villa, that these options would no longer be available to a defendant once they have served a sentence and are no longer on parole or probation. This article will examine a few key points regarding how the ruling affects the rights of immigrants at risk of deportation. California Criminal Appeals: Revised Rights To begin with, in People v. Villa, the California Court of Appeal considered Villa?s writ of habeas corpus because even though he completed probation, he was in "custody" from a 1989 conviction...continue to full post

Full post as published by Southern California Criminal Defense Blog on August 24, 2009 (boomark / email).