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When Vacatur Isn’t Enough: The Limits of Dismissal After Section 1473.7 Relief — Lessons from People v. Vaca
Introduction In California criminal defense practice, motions under Penal Code § 1473.7 have become an important tool for noncitizen defendants seeking to undo a plea entered without meaningful understanding of immigration consequences. But a common misconception is that winning a § 1473.7 motion automatically forces the court to dismiss the underlying complaint or information. The 2023 appellate decision in People v. Vaca (89 Cal. App. 5th 1113) rejects that notion. As a criminal defense attorney based in Los Angeles, I emphasize aggressive post-conviction relief strategies — yet I also caution clients about statutory and judicial limits. Below’s a deeper dive into Vaca and why this decision matters to anyone pursuing § 1473.7 relief in California. The decision teaches us that […]
Drug Trafficking and Deportation: Clean Your Record
Under Federal Law, a noncitizen who is convicted of drug trafficking is deportable as an aggravated felon. An aggravated felony is a federal “immigration law” concept that allows the deportation of noncitizens in an expedited fashion because an “aggravated felony” conviction prohibits many otherwise available immigration reliefs (such as asylum, cancelation of removal, etc). if you are facing a deportation or an immigration related problem because of a criminal case or a criminal conviction, contact Los Angeles Post Conviction Attorney Alex Andryuschenko for a free consultation as to how he can help you clean your criminal record Los Angeles criminal case. The deportation ground for “drug trafficking” is found in 8 U.S.C 101 (a)(43)(B). The deportation ground for aggravated felony […]