Recently, in Los Angeles County at the Compton Courthouse, our office successfully litigated a Penal Code §1473.7 motion, arguing that our client failed to meaningfully understand the immigration consequences of his 1994 Penal Code §182(a)(1) conviction for conspiracy to commit the crime of possession for sale of cocaine.
At the time that our client hired our office, he was in deportation proceedings based on this conviction.
According to the documents still available relating to the plea, our client was advised verbally that the conviction could cause the consequences of deportation, exclusion from admission, and denial of naturalization.
However, in our Penal Code section 1473.7 motion we argued that despite being advised that immigration consequences could result, the advisement fails to accurately advise him of the certain and permanent immigration consequences of his conviction.
In this case, our client was not informed that his conviction would result in mandatory deportation from the United States and render him permanently inadmissible. We also argued that our client did not meaningfully understand the consequences of his conviction because he was not aware that he could seek to negotiate to the same charge without any reference to the controlled substance.
At the hearing on the motion, the court granted the motion. After strenuous negotiation with the prosecution, the prosecution agreed to allow our client to plea to the same charge without any reference to the controlled substance, cocaine, resulting in an immigration-friendly plea.
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