Won’t My Client Just Be Deported Anyway? What Appellate Counsel Can Do for the Noncitizen Client

Conviction consequences for a noncitizen can be particularly severe: deportation has no statute of limitations, no blanket prohibition on retroactivity, and no right to court-appointed counsel if indigent. Because even inadvertent errors may lead to the worst possible consequences, appeal as of right is a critical safeguard for the client that counsel should seek in nearly every case. Initially, counsel must evaluate the noncitizen’s criminal history, immigration status, and conviction on appeal. A remand may not be in the client’s best interests when the original charges have worse consequences and the prospects at trial are bad. When the conviction on appeal has immigration consequences, counsel can pursue several paths to prevent deportation.