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 her 1998 Welfare & Institutions Code section 10980(c)(2) misdemeanor conviction.
Our client had earned a Penal Code section 1203.4 dismissal after only six months of being placed on probation and had remained crime free since this offense. However, our client recently received a notice to appear in removal proceedings based, in part, on this offense. Our client was unaware at the time of her plea that this offense would cause her deportation, denial of naturalization and exclusion from admission to the United States so she hired our office to determine whether post-conviction relief may be available to her.
After obtaining the available documents for the matter, the only record of the conviction still available for this matter was the court docket. According to the docket, our client was advised at the time of her plea that her conviction “may” have immigration consequences. We argued in our motion that failing to advise our client that her conviction would cause her actual adverse immigration consequences was a prejudicial error damaging her ability to meaningfully understand, defend against, or knowingly accept those consequences.
At the time of filing the motion, we provided the prosecution with an equities package detailing our client’s rehabilitation since the offense. We included documents showing that our client has remained crime-free, supports her children, and has a daughter that is active in the military.
At the hearing on the motion, the prosecution opposed the motion arguing that the court lacked jurisdiction to grant relief since our client had received a dismissal pursuant to Penal Code section 1203.4. In response, we provided the court with case law showing that the court retains jurisdiction to grant motions to vacate after the case has been dismissed per Penal Code section 1203.4.
The court favored our argument and granted the motion to vacate the plea pursuant to Penal Code section 1473.7. After the conviction was vacated, the offense was dismissed pursuant to Penal Code section 1382 - prosecution announced unable to proceed.
With this result, our client will now be eligible for cancellation of removal from deportation!
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