“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).