Relief From Conflicts
For many of the criminal grounds of removal under INA § 237 [8 U.S.C.A. § 1127], a conviction is necessary before an alien can be deported. Therefore, one of the primary goals of counsel in representing an alien facing removal based on a criminal offense should be to avoid a conviction for immigration purposes as defined under INA § 101(a)(48) [8 U.S.C.A. § 1101(a)(48)].Post-conviction relief is divided into statutory grounds and common law writs and include pardons, motion to withdraw guilty plea, motion for a new trial, motion to modify sentence, writ of coram nobis, writ of audita querela and habeas corpus.