Post-Conviction Relief! Penal Code section 496 “Receiving Stolen Property” Felony Offense Vacated Per Penal Code § 1473.7 Motion and Charge Completely Dismissed Pursuant to Penal Code section 1382!

Recently, in Los Angeles County at the Van Nuys 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 1989 Penal Code section 496 “Receiving Stolen Property” conviction.

Our client hired our office to attempt to seek post-conviction relief on his behalf. According to the transcript of the plea in this matter, our client was advised at the time of his plea that the conviction “may” have immigration consequences such as deportation. We argued in our Penal Code section 1473.7 motion that our client should have been advised that his plea to Penal Code section 496 with a sentence of one year or greater imprisonment would be considered an aggravated felony and would result in deportation, denial of naturalization, and exclusion from admission.

We supported our motion with a declaration from our client’s immigration attorney detailing why the conviction was causing him federal immigration prejudice and a statutory bar to immigration relief.

At the hearing on the motion, the court granted the motion and the prosecution announced they were unable to proceed and the charge was dismissed pursuant to Penal Code section 1382.

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