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What is the estimate process time to file post conviction relief and Cancellation removal??

Irvine, CA |

how long does it usually take to complete file post conviction relief and Cancellation removal?

Attorney Answers 4


  1. Well, you are talking about two different arenas: One (the postconviction relief) is in crimina court (state or federal) and the other one (cancellation of removal) is in immigration court. What matters is not how long they will take to be completed, what really matters is how solid they are when presented. I suggest that you hire an attorney that handles both criminal and immigration matters.
    In the criminal arena, your postconviction action should be presented as soon as possible since, in most states, there are statutes of limitations. In the immigration arena, it is very important that you have all your evidence in order. Sometimes it is better to hold the merits hearing for the cancellation case until it is totally a strong one.


  2. I agree with Mr. Guerra. Filing for post conviction relief requires a detailed investigation to determine what if any legal grounds you have to be able to seek that your conviction be vacated. This may take months. Regarding cancellation of removal, the immigration courts in Los Angeles are overloaded and filing can sometimes take years. Determining eligibility for both matters is the most important factor in your case. Good luck.

    For a consultation 714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.


  3. My colleagues are accurate in their comments. My only addition is that it is better to use an experienced immigration attorney to assist you because it is then less likely for any errors or omissions that can cause delays.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


  4. I agree with the answers that my colleagues have given. Post conviction relief can take several months at the state level. I had one case that took me over a year to attain a vacating of a plea based upon Padilla vs. Kentucky. It was finally granted and my client was no longer removable as charged and under a final order. It is necessary to hire an experienced immigration attorney who can assist you with both the criminal arena and immigration complexities. Good luck.

    Mr. Lorenzon's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an immigration attorney.

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