Post-Conviction Relief! ONE Client and TWO Cases Vacated Pursuant to Penal Code section 1473.7, and Dismissed!

Recently, in Los Angeles County at the San Fernando Courthouse our office successfully litigated two Penal Code § 1473.7 motions arguing that our client failed to meaningfully understand the immigration consequences that would result from his two 2007 cases involving violations of two counts of Penal Code sections 487(a) and one count of violating Penal Code section 459. Our client had served two years in state prison concurrent for these cases and they were causing him dire immigration consequences.

At the time that our client hired our office he had his Lawful Permanent Resident status and he was ineligible to renew this status based on his convictions in these matters. Our client had previously obtained Certificates of Rehabilitation for these matters however they continued to cause him immigration consequences.

According to the documents still in existence related to the plea, our client was advised that the convictions will cause him immigration consequences. However, despite this advisement, we argued in our Penal Code section 1473.7 motion that our client failed to meaningfully understand the immigration consequences of his conviction because at the time of both pleas he was suffering from Schizoaffective Disorder and Unspecified Psychosis. We argued that his mental health condition at the time of the pleas gravely damaged his ability to truly appreciate, understand, and accept the immigration advisement. We attached substantial medical records documenting our client’s mental health condition prior to the pleas, as well as prison records showing that our client continued to seek mental health treatment for his diagnosis while serving his sentence for these offenses.

We also provided the prosecution with a significant equity package demonstrating the numerous equitable factors in our clients favor such as: his volunteer work installing solar panels within the community, his commitment to his education, the fact that he cares full-time for his nephew, his responsibility for the care of his mother, documentation that he has gained control of his mental health, and family photographs.

I met with the assistant head deputy for the prosecution regarding this matter to discuss the motion and the equities. After reviewing the documentation and arguments presented, she agreed to submit on the motion and vacate the charges.

This is an excellent result for our client and he can now seek to renew his Lawful Permanent Resident status to remain in the United States to care for his family!

We can help you now! Call now for a free telephonic consultation at 626.577.7700!

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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.

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