Yesterday at the Compton Courthouse I successfully litigated a Penal Code § 1473.7 motion arguing our client failed to meaningfully understand the immigration consequences that would result from his 2001 Health & Safety Code § 11351 conviction.
Our client entered a no contest plea to the charge in 2001 and was advised at the time of his plea that his conviction “could” cause immigration consequences. I argued that our client failed to meaningfully understand the immigration consequences of his conviction, in part, because he was never advised that his conviction was for a crime involving controlled substances and, as such, the immigration consequences of his conviction were a certainty.
I presented an equities package to the prosecution demonstrating my client’s prior service in the United States Military, his full-time employment record, the educational achievements of his three children, and his home ownership, amongst other documents. Based on the motion and the significant equities in my client’s favor, the motion was granted and we resolved the case with a plea agreement to a lesser related offense.
With this result, our client has the opportunity to naturalize as a United States citizen and to stay united with his wife and three children.
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