February 3, 2016

Asked 2/1/2016 – Dallas, TX

Hello, I am in need of assistance. I have a friend who is currently serving time in a Texas prison for a felony. She is originally from Germany and is not yet in immigration prison. She wishes to fight extradition and stay in the United States. She said that the only way for her to continue to stay would be if she got a post conviction release. My question is below.

Answer

Are you sure if she needs post conviction RELEASE or post conviction RELIEF? If your friend has a felony conviction, she is subject to deportation whether she is in jail or out on probation. If she feels she is not guilty and had a trial, she may contact the Innocence Project to see if there are grounds to overturn the verdict. If she entered a plea, she is probably out of luck.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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