Post Conviction Relief Win – New Sentence to Avoid Deportation

In Oregon, Post Conviction Relief is the only way to overturn a conviction or sentence that doesn’t involve legal error. It covers problems like denial of constitutional rights and when an attorney makes a mistake.

N was convicted of theft in 2007. At the time, he was a lawful permanent resident of the United States. This conviction didn’t pose too big of an immigration issue until N faced a probation violation in 2010.

N’s attorney knew that N was lawful permanent resident and he’d arranged a great deal for N that would have kept his immigration status safe. Unfortunately, the judge didn’t go along with the deal and, instead, sentenced N to 365 days in jail. That magic number – 365 days – immediately converted N’s theft conviction into an aggravated felony for immigration purposes. N’s attorney didn’t inform the judge of this harsh consequence or ask to reduce the sentence. After N served his sentence he faced unavoidable, mandatory banishment from his family and home of 13 years.

Yesterday, following a post conviction relief trial, the Marion County Circuit Court held that N’ had suffered a substantial denial of his constitutional right to effective counsel. N’s sentence was vacated and the case will be sent back for a new sentence – one that will hopefully recognize he has paid his obligation to his adopted home and let him stay with his family.

By Blake Doré

I'm dedicated to your defense and I'm here to help. I've been a defense attorney for going on 4 years and have more than 80 jury trials under my belt. That's a wealth of experience that I can bring to your case and use to help you achieve the best possible outcome.