PC 1473.7 Motion Immigration Consequences

Name: People v. Coca (2023) 96 Cal.App.5th 451
Case #: E079703
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/16/2023
  • Categories: PC 1473.7 Motion Immigration Consequences

Trial court erred in granting defendant’s Penal Code section 1473.7 motion to vacate her misdemeanor conviction where defendant did not demonstrate the conviction had the potential of subjecting her to removal. In 2022, defendant filed a petition under section 1473.7 to…

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Name: People v. Curiel (2023) 92 Cal.App.5th 1160
Case #: B317814
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 06/02/2023
Subsequent History: Ordered published 6/29/2023
  • Categories: PC 1473.7 Motion Immigration Consequences, Pleas

Despite mandatory language in her plea agreement that defendant “must expect” deportation if she was not a U.S. citizen, the evidence corroborated that defendant prejudicially did not meaningfully understand the consequences of her plea, requiring the trial court to grant…

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Name: People v. Vaca (2023) 89 Cal.App.5th 1113
Case #: A164953
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 03/30/2023
  • Categories: PC 1473.7 Motion Immigration Consequences, Pleas

Granting a motion under Penal Code section 1473.7 to vacate a conviction or sentence and allow a defendant to withdraw their plea does not require dismissal of the criminal information or complaint. Defendant pleaded no contest to two felonies and…

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Name: People v. Villalba (2023) 89 Cal.App.5th 659
Case #: B318353
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 03/08/2023
Subsequent History: Ordered published 3/22/2023
  • Categories: PC 1473.7 Motion Immigration Consequences, Pleas

Trial court’s order denying defendant’s motion to withdraw his plea and vacate his conviction pursuant to Penal Code section 1473.7(a), reversed where defendant was misadvised and the error prejudiced him. Defendant appealed the denial of his section 1473.7 motion to…

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Name: People v. Perez
Case #: F080837
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/17/2021
  • Categories: PC 1473.7 Motion Immigration Consequences, Pleas

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…

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Name: People v. Vivar
Case #: S260270
Court: CA Supreme Court
District CalSup
Opinion Date: 05/03/2021
  • Categories: Appeals, PC 1473.7 Motion Immigration Consequences, Pleas, Prejudice

An independent standard of review, under which an appellate court determines whether the facts satisfy the rule of law, applies to all prejudice determinations under Penal Code section 1473.7, subdivision (a)(1). Vivar entered the United States from Mexico in 1962…

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Name: People v. Castillo
Case #: B303413
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 05/12/2021
Subsequent History: Ordered published 6/1/21
  • Categories: PC 1473.7 Motion Immigration Consequences, Pleas

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…

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Name: People v. Rodriguez
Case #: E069339
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/16/2019
  • Categories: PC 1473.7 Motion Immigration Consequences, Pleas

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…

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Name: People v. Dejesus
Case #: B293096
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 07/26/2019
  • Categories: PC 1473.7 Motion Immigration Consequences, Pleas

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…

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Name: People v. Mejia
Case #: G056042
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/26/2019
  • Categories: PC 1473.7 Motion Immigration Consequences, Pleas

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.…

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