Recently, in Los Angeles County at the San Fernando Courthouse our office successfully litigated two Penal Code § 1473.7 motions arguing that our client failed to meaningfully understand the immigration consequences that would result from his two 2007 cases involving violations of two counts of Penal Code sections 487(a) and one count of violating Penal Code section 459. Our client had served two years in state prison concurrent for these cases and they were causing him dire immigration consequences.
At the time that our client hired our office he had his Lawful Permanent Resident status and he was ineligible to renew this status based on his convictions in these matters. Our client had previously obtained Certificates of Rehabilitation for these matters however they continued to cause him immigration consequences.
According to the documents still in existence related to the plea, our client was advised that the convictions will cause him immigration consequences. However, despite this advisement, we argued in our Penal Code section 1473.7 motion that our client failed to meaningfully understand the immigration consequences of his conviction because at the time of both pleas he was suffering from Schizoaffective Disorder and Unspecified Psychosis. We argued that his mental health condition at the time of the pleas gravely damaged his ability to truly appreciate, understand, and accept the immigration advisement. We attached substantial medical records documenting our client’s mental health condition prior to the pleas, as well as prison records showing that our client continued to seek mental health treatment for his diagnosis while serving his sentence for these offenses.
We also provided the prosecution with a significant equity package demonstrating the numerous equitable factors in our clients favor such as: his volunteer work installing solar panels within the community, his commitment to his education, the fact that he cares full-time for his nephew, his responsibility for the care of his mother, documentation that he has gained control of his mental health, and family photographs.
I met with the assistant head deputy for the prosecution regarding this matter to discuss the motion and the equities. After reviewing the documentation and arguments presented, she agreed to submit on the motion and vacate the charges.
This is an excellent result for our client and he can now seek to renew his Lawful Permanent Resident status to remain in the United States to care for his family!
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