Post-Conviction Motion Pursuant to Penal Code section 1473.7 Granted for a Client and Re-Negotiated to Immigration Neutral Plea!

Recently, in Los Angeles County at the Airport Courthouse we successfully litigated a post-conviction motion on behalf of our client.

Our client had pled to a Penal Code section 487(a) misdemeanor offense in 1996. For federal immigration purposes, a Penal Code section 487(a) offense is considered a crime involving moral turpitude. At the time that our client hired our office he was in removal proceedings based on this offense and was not eligible for Cancellation of Removal under INA § 240A(b) based on this conviction to a crime involving moral turpitude.

When we obtained the copy of the court file for this matter, the transcript of the plea was no longer available, and the court reporter’s stenographic notes had been destroyed. However, the waiver form was still available and advised our client in writing that the conviction “could” result in immigration consequences.

In our motion, we argued that the advisement failed to accurately advise our client of the certain, permanent, and mandatory nature of the immigration consequences he would face as a result of the conviction. We further argued that had our client pled to Penal Code section 459 he would not be facing the immigration consequences he is currently suffering from.

After reviewing our motions, the prosecutor contacted our office and agreed to submit on the motion to vacate the plea and agreed to allow our client to re-plea to the Penal Code section 459, immigration neutral offense.

This is a great victory for our client and will better his opportunity to be eligible for cancellation of removal!


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