PC 1473.7 Motion to Vacate a HS 11352 Conviction
Our client AF pleaded guilty to H&S 11352 in the year 2000. At the time of his plea, he was not aware of the immigration consequences of pleading guilty to H&S 11352. He was a Legal Permanent Resident and this conviction was an Aggravated Felony pursuant to 8 USC Section 1101(a)(43). Even though pleading guilty got him out of jail, he was taken into custody by Immigration officers and was then deported.
Our office filed a PC 1473.7 Motion to Vacate his conviction. The District Attorney filed their opposition, arguing that there was no prejudice. We were able to convince the court that prejudice existed at the time of his plea because had he known the specific immigration consequences of pleading guilty to H&S 11352, our client would not have pleaded guilty to H&S 11352 even if it put him at risk of a longer sentence.
After two decades of living in Mexico and missing out on raising his three daughters, our client will be coming home soon. We were successful in winning his Motion to Vacate his H&S 11352 conviction. He will now be able to terminate his deportation and get his Legal Permanent Resident card back.
Practice area(s): Criminal Defense, Immigration
Court: Riverside Superior Court