Tuesday, October 4, 2016

New Relief for Non-Citizen Immigrants Convicted of Deportable Offenses

Effective January 1, 2017, new legislation signed by Governor Brown, AB 813 provides a new method by which a non-citizen or undocumented immigrant facing deportation may vacate a conviction or sentence whenever one of two criteria apply:

1) a prejudicial error occurred with respect to the advice or defense given regarding the adverse immigration consequences of a conviction; OR 

2) Newly discovered evidence of actual innocence exists that requires vacation of the conviction.

The most common scenario where this new form of relief may apply is when your criminal defense attorney failed to properly advise, or take the proper steps to defend against, the adverse immigration consequences of your plea of guilty or no contest. 

In the event you or someone you know is facing deportation proceedings because of a criminal conviction, this is a new valuable method by which you may seek potential relief. 

Contact my law office now for a free consultation.

Sunday, June 26, 2016

New Relief for DEJ Drug Convictions - Penal Code Section 1203.43

Effective January 1, 2016, a new law was enacted, Penal Code Section 1203.43, which can provide substantial benefits for documented and undocumented immigrants who accepted "deferred entry of judgment" pursuant to Penal Code Section 1000 thinking it would keep their record clean of a drug or narcotics conviction.

If you have suffered a conviction for possession of a drug or controlled substance, and are either pursuing lawful status or wish to avoid serious immigration consequences such as deportation (removal), exclusion (inadmissibility), or denial of naturalization (citizenship), you may be able to petition the court to clear your record.

Contact the my law office immediately for a free consultation to determine if you are eligible for such relief.