In 2016, California enacted California Penal Code § 1473.7, a post-conviction relief vehicle allowing people no longer in criminal custody to vacate legally defective convictions. Ever since, the ILRC has supported advocates to implement this law, including helping to defend the vacaturs from DHS attempts to erode its impact. In Arias v. Garland, a case currently pending before the Ninth Circuit, the court will decide whether 1473.7 should be given full effect, erasing the conviction for immigration purposes. The ILRC helped coordinate Mr. Arias’s amicus strategy and we offer his redacted merits brief as well as the extraordinary amicus briefs submitted in support so that they might help practitioners facing similar arguments. The briefing in the Arias case represents some of the most robust arguments for why 1473.7 vacaturs should be recognized, but we also include below the various prior briefs, advisories, and sample materials we have developed in the defense of the full reach of 1473.7.
Arias Jovel v. Garland - Amici Curiae Brief on behalf of former Immigration Judges (Greines, Martin, Stein, Richland LLP)
Arias Jovel v. Garland - Amicus Brief on behalf of Pangea Legal Services and Others (Stanford Immigrants’ Rights Clinic)
Arias Jovel v. Garland - Amicus Brief on behalf of cosponsors of 1473.7 ACLU, CACJ, CPDA, ILRC (Horvitz & Levy LLP)
2020 Advisory - Using & Defending CA § 1473.7 Vacaturs in Immigration Court: Sample Memorandum of Law and Table of BIA Cases
Table of BIA Cases Holding 1473.7 Vacaturs Not Convictions & Offenses Vacated for Due Process Violations or IAC Not Convictions