On September 27, 2018, Governor Jerry Brown approved Assembly Bill No. 2867 which made noteworthy amendments to Penal Code section 1473.7.  Newly amended Penal Code section 1473.7 is set to take effect on January 1, 2019.
Of significance, amended Penal Code section 1473.7 clarifies that a “finding of legal invalidity may, but need not, include a finding of ineffective assistance of counsel.” (Penal Code section 1473.7(a)(1), effective January 1,2019). Further, the amendment clarifies that a “notice to appear in immigration court” is not a jurisdictional requirement for petitioning for relief under the Section. (Penal Code section 1473.7(b)(2)(A)).
It is clear that by enacting the recent amendments to Penal Code section 1473.7, the California Legislature is intending to expand the ability for non-citizen defendants, who are now prejudiced by their convictions, to obtain post-conviction relief for immigration purposes.
The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar & Avila, LLP or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.
 Visit the following link for the full text: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2867