PC 1473.7 Motion Immigration Consequences

Under Penal Code section 1473.7, a trial court is not required to deny a motion to vacate a conviction (based on inadequate understanding of immigration consequences) where the motion is untimely. In 2019, defendant filed a motion under section 1473.7…

Petitioner did not meet burden of proof in showing prejudice under Penal Code section 1473.7 where facts indicated petitioner prioritized potential sentencing exposure over potential immigration consequences at the time of his plea. In 1989, Castillo pleaded guilty to possession…

Trial court erred when it denied defendant's motion to vacate his plea pursuant to Penal Code section 1473.7 based on untimeliness. In 2005 defendant pleaded guilty to unlawful sexual intercourse with a minor and was placed on probation. That same…

Since parolees remain in the constructive custody of the state, they are not eligible for relief under Penal Code section 1473.7. Defendant came to the U.S. from the Philippines in 1992. He is a lawful permanent resident. In 2016 he…

Under the revisions to Penal Code section 1473.7, a defendant need not show ineffective assistance of counsel (IAC) in order to invalidate a conviction due to prejudicial error affecting the defendant's ability to understand the immigration consequences of his plea.…

Trial court erred in summarily denying motion to vacate conviction under Penal Code section 1473.7 without appointing counsel to represent defendant. Defendant is a citizen of Jordan who had been living in the U.S. for 30 years. In 2001, he…

As clarified in the 2019 amendment to Penal Code section 1473.7, a defendant is not required to establish ineffective assistance of counsel for the trial court to find that a conviction is legally invalid due to prejudicial error damaging his…

Trial court erred in denying defendant's motion to withdraw his guilty plea because his counsel did not sufficiently advise him of the severe immigration consequences of the plea, which mandated removal. In 2012, Espinoza pleaded guilty to possession of methamphetamine…