Avena Case Implementation Act of 2008 - Authorizes a person whose rights are infringed by a nonforeign governmental authority's violation of the Vienna Convention on Consular Relations and the Optional Protocol to the Vienna Convention on Consular Relations to bring a civil action to obtain: (1) declaratory or equitable relief; and (2) in any case where the plaintiff is convicted of a criminal offense where the violation occurs during and in relation to the investigation or prosecution of the offense, any relief required to remedy the harm done by the violation, including vitiation of conviction or sentence.