Los Angeles County – Central Courthouse - Penal Code § 1473.7 Motion to Vacate Health & Safety Code section 11350(a) Unlawful Possession of a Controlled Substance Conviction Granted and Dismissed Per Penal Code Section 1385!

Recently, in Los Angeles County at the Central Courthouse our office successfully litigated a Penal Code § 1473.7 motion arguing that our client failed to meaningfully understand the immigration consequences that would result from his 1997 Health & Safety Code § 11350(a) felony conviction.

After reviewing the available documents in the matter, it became clear that our client was not accurately advised of the certainty of the immigration consequences of his conviction. Our client was advised that the conviction “may” cause him immigration consequences but, because it is a controlled substance offense, he should have been advised that it will cause him adverse immigration consequences. Thus, we filed a motion to vacate the conviction pursuant to Penal Code section 1473.7.

Prior to the hearing, we provided the prosecution with an equities package showing that our client has been here since he was fifteen (15) years old, has nine children, has a daughter serving in the United States Air Force, and the fact that our client cares for his elderly sick mother. We explained that our client recently received a notice to appear in immigration court for removal proceedings based, in part, on his conviction in this case.

After reviewing the equities, the District Attorney agreed to submit to the motion and the judge granted the motion and dismissed the Health and Safety Code Section 11350 offense in the interests of justice pursuant to Penal Code section 1385.

This victory will bring our client one step closer to avoiding removal from the United States and the ability to continue to care for his mother and children.

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