New Cases For Motion To Withdraw Plea For Immigration Consequences in California: PC 1473.7 (Bent v. Garland)
By: Alex Andryuschenko, Criminal Defense & Post-Conviction Relief Attorney in Los Angeles. New Law Shows How A Vacated Conviction Can Save You from Deportation: By: Alex Andryuschenko, Criminal Defense & Post-Conviction Relief Attorney in Los Angeles In a major victory for immigrants fighting deportation, the Ninth Circuit Court of Appeals recently ruled that vacating a criminal conviction based on a constitutional violation can provide a powerful basis to reopen deportation (removal) proceedings—even after the deadline has passed. The case, Bent v. Garland (2024), shines a spotlight on a critical tool for non-citizens: California Penal Code § 1473.7, which allows individuals to challenge old convictions that were the result of an involuntary plea, often due to not being properly advised of […]