Under the Uniform Post-Conviction Procedure Act, a person who has been convicted of and sentenced for a crime may institute a proceeding applying for relief upon specified grounds. A proceeding is commenced by filing an application with the clerk of the court in which the conviction and sentence took place. The application may be considered by any judge of the court in which the conviction took place.
Puerto Rico Motion to Reopen Petition for Post Conviction Relief
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The AAO may also reopen a proceeding or reconsider one of its prior decisions on its own motion. Unlike appeals, which ask a different authority to review and reverse a decision, motions request a review by the authority that issued the latest decision in the proceeding.
The most common forms of post-conviction relief are: A motion to overturn the conviction based on ineffective assistance of counsel (for example, your lawyer in the criminal case did a deficient job); A motion for re-sentencing to avoid a conviction for an aggravated felony or other inadmissible or deportable crime;
You can expect a response from the USCIS office within 90 days of filing your motion. This, like the USCIS appeal processing time, may be shortened, but it is more often extended.
If the adjudicator is satisfied with the arguments then they may reconsider the decision and then render a different decision. In the case of a motion to reopen, the adjudicator most likely is going to look to see if the facts did not exist at the time that the case was adjudicated.
Post-conviction relief gives immigrants the chance to challenge unlawful criminal convictions that are the basis of their removal proceedings in immigration court or otherwise impacting their ability to obtain or maintain lawful immigration status.
A motion to reopen is based on documentary evidence of new facts. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision. The regulations for motions to reopen and motions to reconsider are located at 8 C.F.R. § 103.5.
USCIS may respond in six months to your motion to reconsider or reopen. Similar to the appeals process, a USCIS response may take longer if they have a backlog of motions or if your case is complex.
If a motion to reopen a case is granted, it means an unfavorable decision will be reconsidered based on new facts. The petition must state this updated information to demonstrate eligibility for reevaluation of eligibility.