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New California Law Allows Post-Conviction Relief For Non-Citizens

06-30-2017


Penal code 1473.7
which went into effect on January 1, 2017 will afford non-citizens a mechanism
to fight conviction obtained against their rights.

 

The code allows
non-citizens to file motions alleging at least three distinct causes of action
that may be raised independently or together on the basis that: 1) defense
counsel violated the duty to investigate and accurately advise the defendant
about the specific immigration consequences of a plea; 2) defense counsel
failed to defend against immigration consequences of a plea by attempting to
plea bargain for an immigration-safe alternative disposition; and 3) the
defendant failed to meaningfully understand the immigration consequences of a
conviction.

 

This law will affect
hundreds of t...


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