Post-Conviction Relief for Immigrants in Nevada
Contrary to popular belief, a final sentence is not exactly final. It can still be contested albeit in a short amount of time and under special circumstances. In Nevada, a defendant can appeal for a post-conviction relief or a set of pleas to the higher court to reconsider the decision made by the lower court in hopes of lightening the sentence or acquitting the case altogether.
This certain legal system had helped many residents of Nevada. But how does it work for immigrants facing deportation because of their imposed charges? Read this article about post-conviction relief for immigrants in Nevada to learn.
What constitutes as deportation for Nevada immigrants?
There are established laws about what would happen if immigrants commit a crime in one of the States of America. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) is a federal law that indicates which crimes lead to deportation.
They are as follows:
- Aggravated felonies
- Crimes of moral turpitude
- Drugs and controlled substances crimes
- Domestic violence
- Violation of firearm laws
- Human trafficking
Documented or not—you can be deported, especially if your crime involves violence. Aside from facing Nevada’s criminal charges, you will also have to face the United States of America’s immigration laws.
What are the types of post-conviction relief for immigrants in Nevada?
A post-conviction relief for immigrants in Nevada is the combined term for a variety of appeals an immigrant can do to avoid plausible deportation. As stated in the Nevada Revised Statutes (NRS), you can enter a post-conviction relief such as below:
Motion for a new trial
Trials are not invulnerable to errors caused by cloudy human judgment, improper presentation of evidences, and overall a misconduct performed throughout the process. You can enter a motion for a new trial seven days after the final sentence. Of course, you need strong proof for judicial error to help set up a new trial. When it is discovered that you are after all not guilty, you could ultimately evade deportation.
Withdrawing a guilty plea
Immigrants sometimes plead guilty due to pressure during the trial. Once sentenced, the immigrant can withdraw their guilty plea but only under certain circumstances. You can claim that you were not in sound mind during your decision to plead guilty or your attorney did not do his or her best to inform you about the deportation that is bound to happen. Withdrawing a guilty plea as a post-conviction relief in Nevada can be tough so you will need convincing statements for it to be considered.
Writ of Habeas Corpus
While a motion for a new trial asks for a brand new hearing to review possible errors during investigation, a Writ of Habeas Corpus asks if the court had an appropriate basis for detention. According to the NRS 34.500, a defendant can apply for a Writ of Habeas Corpus through the following reasons:
- When the jurisdiction of the court or officer has been exceeded.
- When the imprisonment was at first lawful, yet by some act, omission or event, which has taken place afterwards, the petitioner has become entitled to be discharged.
- When the process is defective in some matter of substance required by law, rendering it void.
- When the process, though proper in form, has been issued in a case not allowed by law.
- When the person having the custody of the petitioner is not the person allowed by law to detain the petitioner.
- Where the process is not authorized by any judgment, order or decree of any court, nor by any provision of law.
- Where the petitioner has been committed or indicted on a criminal charge, including a misdemeanor
- Where the petitioner has been committed or indicted on any criminal charge under a statute or ordinance that is unconstitutional, or if constitutional on its face is unconstitutional in its application.
- Where the court finds that there has been a specific denial of the petitioner’s constitutional rights with respect to the petitioner’s conviction or sentence in a criminal case.
For example, an institutionalized defendant is charged with life imprisonment, the Writ of Habeas Corpus can work to point out that a person with insanity is not fit to be detained in such a length of time or even right to the entirety of the sentence. For deportable immigrants, they can point out that they are being detained unfairly due to their immigrant status. You can file a Writ of Habeas Corpus a year after the concluding conviction.
Post-conviction reliefs for immigrants in Nevada are a very broad matter and they come in different bundles. There are several pre-conviction appeals you can use aside from the three major mentioned above such as 2255 motion or the federal motion to vacate, set aside, or correct a sentence. You can ask a legal advisor or do your research for more available post-conviction reliefs for Nevada immigrants.
Know that each of post-conviction relief for immigrants in Nevada is not easy things to accomplish. Nonetheless, they exist for a reason that people in peril such as deportation needs saving grace when they have exhausted most of their appeals.