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Name: In re Azurin
Case #: D034571
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/14/2001
Subsequent History: rev. den. 5/2/01

The appellate court here reversed an order granting a habeas petition permitting appellant to withdraw his plea of guilty to discharging a firearm at an occupied motor vehicle. Appellant was not properly advised by counsel that deportation proceedings would likely be initiated against him as a result of the plea. Several years after completing parole, the INS instituted deportation proceedings. Although the hazard of deportation was real, appellant did not meet the burden of proving that he was in constructive custody of California. Therefore, his habeas petition did not meet the habeas jurisdictional requirements of California law.