Los Angeles District Attorney Office Policy Permitting 1473.7 Motions In Cases Without Any NTA or Removal Order
Upon the January 1, 2017 enactment of Penal Code 1473.7, the LA District Attorney took the position that the motions were not ripe unless a final removal order or notice to appear had issued. Thanks to advocacy of organizations and individuals, especially Harland Braun, on April 17, 2018, the LA District Attorney Office changed their policy noting that “the Office is persuaded that the Legislature intended section 1473.7 to apply regardless of whether the moving party has received notice of removal proceedings or a removal order.”
Outdated Editions of the Continuing Education of the Bar California Criminal Law Procedure and Practice
Since 1986, the Continuing Education of the Bar, in its “Crim Law Bible,” California Criminal Law Procedure and Practice, has included a chapter about representing the noncitizen criminal defendant. This chapter and the advice therein is often cited as establishing the prevailing professional norms at the date of any given conviction.
Clean Slate for Immigrants: Reducing Felonies to Misdemeanors Using Penal Code § 18.5, Prop 47, Penal Code § 17(b)(3), & Prop 64
In the past four years, California voters and the California Legislature have created many new mechanisms for people to reclassify, vacate, and resentence offenses to eliminate the ongoing impact of criminal convictions. This advisory discusses how these new laws can benefit immigrants and can erase or mitigate certain criminal grounds of removability.
New California Pretrial Diversion for Minor Drug Charges
As of January 1, 2018, California has changed its “Deferred Entry of Judgment” program to a true “pretrial diversion” program. See Penal Code § 1000, amended by AB 208. Qualifying defendants charged with minor drug offenses can participate in pretrial diversion without incurring a drug conviction for immigration purposes. This Advisory will discuss how pretrial diversion works, and how to assist immigrants who went through the old Deferred Entry of Judgment.
Crimes and DACA Renewals
The Trump Administration has announced the “phase-out” of DACA, and tens of thousands of DACA recipients must decide whether to apply for a last renewal. Other DACA recipients are wondering what may happen to them if they can’t or don’t renew. This is an especially worrisome situation for DACA recipients who have a criminal record. Acknowledging that we don’t yet have clear answers, this advisory will provide information to help advocates address the following questions with their clients: Is it “safe” for someone with a criminal history to renew their DACA application? What kinds of legal
Why Community Prosecutors Should Care about the Immigration Consequences of Convictions
Heidi Altman and Angie Junck authored this article for the Association of Prosecuting Attorneys.Originally published in Lex Quod Ordo, the Association of Prosecuting Attorneys Quarterly Newsletter, Winter/Spring 2014, Volume IV, Issue IV. http://www.apainc.org/
Immigration Consequences Primer for District Attorneys
Prepared by Angie Junck and Raha Jorjani, this primer is designed to educate District Attorneys interested in learning more about the immigration impact of criminal convictions.
Judicial Council Forms for Reducing Felonies to Misdemeanors, Vacating Deferred Entry of Judgment Convictions, and Expungements
The Judicial Council of California produces forms for pro se petitioners. The CR-180 and CR-181 forms cover various forms of “clean slate” remedies, including reducing felonies to misdemeanors (17(b)), set asides and dismissals (1203.4), and vacaturs after successful completion of probation (1203.43). The forms also contain a notation to 18.5 which makes clear that felonies reduced to misdemeanors carry a maximum of 364-day sentence.
Rose Cahn’s Testimony before the US Commission on Civil Rights’ Hearing on Collateral Consequences
In May, the US Commission on Civil Rights convened a hearing on collateral consequences. The Commission solicited testimony from thought leaders about the lingering consequences that convictions can cause. Rose Cahn submitted testimony regarding the intersection of crimes and immigration law and laid out clear policy recommendations for jurisdictions interested in mitigating or eliminating the immigration consequences of criminal convictions.
Sample One-Page Order Granting 1473.7 Motion
So you’ve won a 1473.7 motion, now what? For immigration purposes it’s important to document the victory and secure a signed order from an immigration judge. The signed order need not go into great detail; under Matter of Pickering, it is sufficient for the order to state generally that the conviction was vacated on a ground of legal invalidity. Attached please find a sample order for a grant of a 1473.7 motion.
Redacted Sample Penal Code 1473.7 Motion to Vacate
Students at the UC Irvine Immigrant Rights Clinic prepared a Penal Code 1473.7 motion to vacate for one of their clients and offered it as a resource for others filing similar motions. This motion is a reference tool only, and should not be used as a template or a model, nor should it be reproduced without substantial alterations. If you are filing a 1473.7 motion, you must perform your own legal research and draft your own materials, as the law in this area is rapidly changing and case-specific motions have significantly higher success rates in criminal courts.
Sample Post-Conviction Relief Intake Form in English & Spanish
This intake form, available in both English and Spanish, is designed to assist legal service providers and nonprofit organizations interested in screening clients for immigrant post-conviction relief services.
New Law That Will Help Vacate Legally Invalid Convictions: Advisory about Penal Code 1473.7
A new law will go into effect January 1, 2017 that will provide people who are no longer in custody with a new way to vacate legally invalid convictions. This advisory discusses how the law can help immigrants erase old convictions thus opening up new pathways to immigration relief.
Immigration Benefits of Proposition 47
In November 2014, California voters passed Proposition 47, a historic record changing opportunity. The below resources are aimed at educating community members, advocates, and lawyers on the immigration benefits of Proposition 47.
Manual on Prop 47 & Other Post-Conviction Relief for Immigrants
The Immigrant Legal Resource Center, with our partners the Lawyers Committee for Civil Rights in the San Francisco Bay Area and Californians for Safety and Justice, are pleased to provide a manual on how to help immigrants get post-conviction relief in California. Here is a link to the manual, and a separate link to the Practice Aids in the Appendices.
New California Drug Provision Helps Immigrants: Plea Withdrawal after Deferred Entry of Judgment (DEJ)
Effective January 1, 2016, a new California drug law will help defendants avoid catastrophic immigration consequences for minor offenses.