*This form is for attorney-use only. If you are not an attorney, please contact us through the IDP hotline and we will assist you.
Please also note, this process places cases with New York city appellate defenders for New York City convictions. We have extremely limited capacity to help place convictions outside of NYC.
Referral guidelines:
- Vacatur of plea/sentence reduction must clearly improve immigration situation (e.g., avoid deportation, remove bar to green card, make eligible for discretionary relief/waiver, etc.)
- No more than one felony conviction requiring 440 relief, or two misdemeanors/violations (unless case presents extremely unusual equities). Separate cases resolved at one hearing count as one conviction.
- If sentence date on problematic conviction was prior to March 31, 2010, and lawyer failed to advise (as opposed to misadvice), client must currently have significant equities and/or another viable legal claim to overcome non-retroactivity hurdle.
- If client lacks lawful status, s/he must have an articulable path to lawful/stable status.
- It is possible to refer trial cases if you can identify a reasonable alternative disposition that defense counsel could have negotiated.
- If your client has an open criminal case, and is either not in proceedings or not detained, please wait to refer for a 440 motion on a prior conviction until s/he resolves the open case. If your client is in proceedings and detained with an open criminal case, do not wait to refer for a 440 motion. In that event, disclose the open case on the referral form, and describe the anticipated disposition and its impact on the 440 motion.
- You must provide all dispositions and/or criminal history report for your client, as well as the court file and minutes for the conviction requiring PCR.
While we attempt to place cases in the order they are received, we prioritize cases based on urgency, including whether the person is detained, in proceedings, or currently removable. Unfortunately, IDP cannot guarantee placement within any specific time frame.
By submitting this request for PCR referral, you affirm that if the case is placed with pro bono PCR counsel, you will continue to represent the client to take advantage of successful PCR. That includes filing a motion to reopen or appeal with the BIA.
I understand the referral guidelines and would like to submit a request for PCR counsel.
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PCR Referral Form Help
“Reason for Filing Deadline”
Provide the best-case scenario for your client. For the ‘must-file’ date, provide the last possible date, which in most cases should not be prior to the individual calendar hearing. Don’t forget about the possibility of appealing and motions to reopen.
“Conviction Immigration Consequences and Post-Conviction effect”
- If the plea impact has changed since it was made, e.g. retroactivity, relief eligibility, or supervening case law, please explain.
- Please spell out why PCR is necessary and the difference it will make in your client’s case.
- Please list all realistic alternate dispositions, e.g. a drug trafficking felony is unlikely to become a disorderly conduct. This is for the 440 attorney’s use only.
- For a client who lacks lawful status, it is important for the 440 attorney to understand the path to lawful status at the time of the plea, if any, and at present.
- You need to identify all immigration consequences of the conviction, at the time the plea entered and at present, so that 440 attorney can develop and weigh alternative theories for vacatur.
“Basis for PCR Relief & Equities”
Please be sure to explain any criminal history, especially recent criminal legal system contact (not just convictions).