THREE WAYS ICE THWARTS JUSTICE AND PREVENTS POST CONVICTION RELIEF

JUSTICE DETAINED, JUSTICE DENIED: Immigration and Customs Enforcement Prevents Immigrants from Fighting Unlawful Criminal Convictions

 

  1. 1. ICE will refuse to bring an immigrant detainee to have her post-conviction relief claim heard by a state judge.  ICE will not produce her to the state criminal court even if she manages to remain in the country long enough to reach her hearing date or even if the criminal court judge requires her to be physically present in order to receive post-conviction relief.

 

  1. 2. ICE requests travel documents from  foreign embassies and consulates to expedite deportation, knowing that a post-conviction case is pending. Sadly, foreign embassies and consulates contribute to ICE’s deprivation of immigrant New Yorkers’ rights by issuing travel documents for people who are waiting on state courts to decide their cases, thus enabling ICE to continue its practice of deporting people who have post-conviction relief claims pending.

 

  1. 3. ICE will remove from the United States noncitizens who have post-conviction relief cases pending, and some state courts refuse to hear the post-conviction relief claims of noncitizens after ICE has deported them.
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