Calif. Court Tosses Conviction Over Bad Immigration Advice
· WOWERI
A California appellate court has vacated an immigrant's conviction for assault with attempt to commit rape. The court found that his lawyers failed to inform him of a change in case law that could have led to an immigration-safe plea.
California Court Tosses Conviction Over Bad Immigration Advice
A California appellate court has vacated an immigrant's conviction for assault with attempt to commit rape. The court found that his lawyers failed to inform him of a change in case law that could have led to an immigration-safe plea.
Change in Case Law
The change in case law, which the immigrant was not informed about, concerned the possibility of entering into an immigration-safe plea agreement. This agreement could have allowed him to avoid deportation and remain in the US.
Court Decision
The court's decision was based on an analysis of the evidence and case law. The court found that the immigrant's lawyers had not informed him of the options provided by the new case law.
Conclusion
The decision of the California appellate court highlights the importance of proper immigration advice. Immigrants must be informed of all the options available to them under immigration law to avoid deportation and remain in the US.
What to do next
- Appeal to Board of Immigration Appeals — Order
- Cancellation of Removal for Lawful Permanent Residents — Order
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Source: law360.com