Post-Conviction Motion Pursuant to Penal Code § 1473.7 Granted and Dismissed!

|

Recently, in Los Angeles County at the Norwalk Courthouse, we successfully litigated a post-conviction motion on behalf of our client.

In 1992, our client pled to Health and Safety Code § 11351, possession for sale of a controlled substance, a felony. He was placed on summary probation for three years on the condition that he served 180 days in county jail. Our client successfully completed his sentence.

However, at the time of the plea, our client was unaware of the factual certainty of the immigration consequences of his plea. When our client discovered that this conviction made him an enforcement priority for deportation, exclusion from admission to the United states and denial of naturalization, he sought post-conviction relief through our office.

Our office began the post-conviction relief process by obtaining a copy of the original court file. A transcript of the plea for his case could no longer be prepared, but the manual docket and waiver form are still available. However, the waiver from only advised our client that his conviction “may have the consequences of deportation, exclusion form admission to this country, and/or denial of naturalization pursuant to the laws of the United states.”

In our motion to vacate, our office argued that this advisement did not inform our client of the factual certainty of the immigration consequences such as the fact that his conviction would subject him to mandatory deportation and render him permanently inadmissible to the United States. We also argued that our client did not knowingly defend against these immigration consequences because he was not aware or advised that he could seek to negotiate to a reasonable, immigration-friendly, alternative disposition, such as pleading to Penal Code § 32. A conviction for an alternative disposition would have alleviated the immigration consequences he is now facing.

Upon arguing our motion in court, the Judge and the prosecution agreed to vacate the conviction in its entirety.

This is a great victory for our client and will better his opportunity remain in the United States!

DISCLAIMER:

The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar Law, APC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.