
Resources for Immigrant Post-Conviction Relief Casework
RPW Assists with Post-Conviction Relief for Immigrant Clients in Washington State
Since 1983, defense counsel has had a duty to inform clients about the immigration consequences of their plea; however, that duty was misunderstood by many attorneys as being outside of the scope of their representation as it was viewed as a collateral consequence of a conviction. The U.S. Supreme Court ruling in Padilla underscored that it was not a collateral consequence and that no advice or false advice would be grounds for appeal. Now, the Washington Defender Association (WDA) is helping individuals who did not receive immigration advice and had adverse immigration consequences get back into court.
In partnership with the Northwest Immigrant Rights Project, RPW will focus on helping noncitizen clients return to court to remedy the adverse immigration consequences of their criminal convictions. WDA’s Immigration Resource Attorney, Sarah Hudson, provides support and advice to attorneys working on post-conviction relief for noncitizen clients. You can reach Sarah here. She is available to assist with training and consult on post-conviction relief cases.
Resources
Sample Letters to the Prosecutor
Padilla Training: Session 2
Training Recording
Presentation Slides
Neil Fox: “The Prosecutor or Judge Won’t Agree: Now What?”
Sample Pleadings
Sample Declarations
Straightforward: Declaration of Client
Straightforward: Declaration of Defense Attorney
Not Straightforward: Declaration of Client
Not Straightforward: Declaration of Client’s Wife
Declaration of Crimmigration Expert
Sample Motions and Orders
Straightforward: Motion and Order
Not Straightforward: Motion and Order
Vacate Order Agreed No Advice — Editable
Other Pleadings
Related Media
Tacoma News Tribune Matt Driscoll 2019 Series
Includes:
“Fear grips immigrants who fled here to escape genocide - ‘They’re going to try to deport me’”
“‘I had never seen my dad cry:’ Deported Cambodians bewildered by country they never knew”
“Deportation flight another sad chapter in lives of Cambodian refugees who fled to America”
Attorney Training Manual
Vacate Manual (DRAFT)