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