In many cases vacating a criminal conviction is the only solution for a noncitizen with a criminal record. This year, California passed a new form of post-conviction relief designed especially to help immigrants. See new Penal Code § 1473.7, which takes effect on January 1, 2017. This new law will permit immigrants to apply to vacate a criminal conviction based on their failure to understand the actual immigration consequences.
During this 90-minute webinar, we will focus on two main topics:
1) We will discuss in detail PC § 1473.7. Who is eligible for the relief? What specifically are the requirements regarding legal bases, procedure, timing, and prejudice? What are best practices to win such motions? This is a new form of relief: How can we avoid mistakes that may create bad case law?
2) We will review other ways to vacate a conviction under California law, such as habeas corpus and withdrawal for good cause. We will discuss when they may be the more appropriate relief for your client, and how to file successful applications.
Rose Cahn, Law Fellow - ILRC
Michael K. Mehr – Law Offices of Michael K. Mehr Michael K. Mehr is a nationally recognized expert in the field of immigration consequences of criminal convictions. He lectures widely to immigration attorneys, public defenders, and private criminal defense counsel. He is a co-author of several immigration and crimes publications, including ILRC’s Defending Immigrants in the Ninth Circuit and the chapter on defending immigrants in California Criminal Defense – Procedure and Practice (CEB). He served as the expert witness in immigration law in the landmark California Appeals Court case of People v. Bautista (2004)115 Cal.App.4th 229, which held that failure to defend against an aggravated felony can be ineffective assistance of counsel, and he was counsel in several key published decisions on crim/imm in the Ninth Circuit.
Kathy has served with the ILRC since 1987 and has contributed to numerous ILRC projects. Kathy graduated from Stanford University and Boalt Hall School of Law. She taught immigration law as an adjunct professor at Santa Clara University and New College School of Law, and supervised students at the Stanford University Law School Immigration Clinic. Her expertise includes the immigration consequences of criminal convictions; issues affecting immigrant children and mixed families; immigration consultant and consumer fraud; naturalization; family immigration; legal status for immigrant victims of domestic violence through the Violence Against Women Act provisions (VAWA); and trial skills. She is the primary author of Defending Immigrants in the Ninth Circuit, which in its current form and as the former California Criminal Law and Immigration has been a publication since 1990. With Norton Tooby, she is the co-author of the 2014 CEB publication California Criminal Defense of Immigrants, and for many years was co-author of the section on defending noncitizens in the CEB manual California Criminal Law: Procedure and Practice. She also is a co-author of the ILRC's Special Immigrant Juvenile Status and the Immigration Benchbook for Juvenile and Family Courts. She has helped found coalitions and projects to address these issues, including serving as a co-founder of the Defending Immigrants Partnership and the Immigrant Justice Network. She authored briefs in key Ninth Circuit cases on immigration and crimes. In 2007, she received the Carol King award for advocacy from the National Immigration Project of the National Lawyers Guild, and she served as a Commissioner to the ABA Commission on Immigration from 2009-2012. Prior to working at the ILRC, Kathy was in private practice with the immigration firm of Park and Associates. She is conversant in Spanish.