Immigrants can be deported if they commit a grave crime in Nevada. Learn how they can battle final sentences with deportation with a post-conviction relief here: https://goo.gl/ECYhEE

1. Post-Conviction Relief for Immigrants in Nevada

2. 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? View this slideshow about post-conviction relief for immigrants in
Nevada to learn.

3. 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 United States of America’s immigration laws.

4. What are the types of post-conviction relief available for immigrants?
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.
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.

5. 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.
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.
There are several pre-conviction appeals you can use aside from the three mentioned such as 2255 motion or
the federal motion to vacate, set aside, or correct a sentence.

6. In light of recent events surrounding immigrants, especially some part of the government’s hostility towards them,
it is only right to be afraid of what could happen to you if you are sentenced of a crime.
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