When Justice Has Not Been Done: Post-Conviction Relief for Noncitizens

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To best serve clients that are noncitizens seeking post-conviction relief, lawyers need to combine skills typically associated with different kinds of practice. There’s dealing with evidence – a skill crafted by going to trial – as well as an in-depth knowledge of the appeals process and how it might work in a client’s favor.

At a recent program, CPCS’s Benjamin Selman and Laura Mannion, from Banwarth & Associates, spoke to a room full of attorneys about common issues faced by noncitizens with criminal convictions, and the unique paths lawyers take to post-conviction relief in such cases. They focused on seeking a new trial for the convicted individual. Mannion cited lack of knowledge about the American judicial system and inadequate access to legal counsel as factors that work against noncitizens in court.

Mannion and Selman spoke about proving that “justice may not have been done” during the original trial, which is the language used in Massachusetts Criminal Procedure Rule 30(b). They  went over strategies to prove that the client did not receive justice, such as arguing that certain pieces of evidence should not have been admitted, or that the outcome of the trial would almost certainly have been different if the attorneys involved had not made errors.

Are you interested in other programs related to immigration? Check out these upcoming programs below:

The Treacherous Road to a Global Workforce: The Intersection of Export Controls, Employment, Immigration and Data Privacy Laws (CLE)
Wednesday, May 18 from 3 p.m. to 5 p.m.

Family-Based Immigration Basics
Friday, June 3 from 12:30 p.m. to 2 p.m.