We Believe in Second Chances
POST-CONVICTION RELIEF PROGRAM
ImmDef’s Post‑Conviction Relief Program helps immigrants challenge unlawful or harmful criminal convictions that trigger deportation, block immigration relief, or separate families. As one of California’s only nonprofits dedicated to free immigration‑focused post-conviction relief (PCR) representation, we defend the rights of lawful permanent residents and noncitizens facing life‑altering immigration consequences. Led by experienced PCR attorneys with expertise in California Penal Code 1473.7, ImmDef represents hundreds of immigrants each year in PCR matters.
What is Post-Conviction Relief?
​Post-conviction relief gives immigrants the chance to challenge unlawful criminal convictions, particularly those that become the basis for deportation proceedings in immigration court or negatively impact their ability to obtain, maintain, or restore lawful immigration status in the United States.
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A Fighting Chance in Court
How can a criminal conviction lead to deportation?
Many people do not realize that a conviction for a low-level offense such as petty theft, shoplifting, or non-violent drug possession can trigger a deportation order under U.S. immigration law, even for lawful permanent residents (LPRs) with green cards. These individuals may have lived in the United States for many years, built families, raised U.S. citizen children, and established strong community ties, while having little or no connection to their country of birth. A minor criminal conviction that may have limited consequences for a U.S. citizen can become a life-altering immigration consequence or permanent separation from family for someone with lawful permanent residency status.
Depending on the conviction, immigration judges in removal proceedings may not have the legal discretion to grant immigration relief from deportation, regardless of mitigating factors in the case—including many misdemeanor convictions. For lawful permanent residents whose convictions effectively make them ineligible for immigration relief, vacating a criminal conviction through post-conviction relief may be the only opportunity they have to avoid deportation and remain legally in the United States with their families.
While the California Legislature passed section 1473.7 of the Penal Code in 2017—expanding opportunities for immigrants to seek post-conviction relief and deportation defense under California law—significant legal and procedural barriers remain. ImmDef's Post-Conviction Relief (PCR) legal team views each case as an opportunity to defend immigrant rights, challenge unjust convictions, and strengthen legal protections for noncitizens in the immigration system. To that end, we actively pursue opportunities to refine, clarify, and expand the law, as demonstrated in People v. Manzanilla, where a California Court of Appeal published decision clarified key legal issues affecting noncitizens seeking to vacate convictions with immigration consequences.
Depending on the conviction, immigration judges may not have the discretion to grant relief from deportation, regardless of mitigating factors in the case – including misdemeanor convictions in many cases. For lawful permanent residents whose convictions effectively make them ineligible for any immigration relief from deportation, vacating the criminal conviction may be the only chance they have to remain in the United States. ​
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While the California Legislature passed section 1473.7 of the Penal Code in 2017, allowing more individuals to seek post-conviction relief , significant barriers remain. ImmDef's PCR team sees each case as an opportunity to defend and advance the rights of noncitizens navigating the immigration process. To that end, we look for and pursue opportunities to refine, clarify, and extend the law, as we recently demonstrated in People v. Manzanilla, where a California Court of Appeal issued a published decision clarify key legal issues that impact noncitizens seeking to vacate immigration-adverse convictions.