Successfully Defend California Penal Code 1473.7’s Effectiveness to Eliminate Immigration Consequences for Criminal Convictions and Terminated Client’s Deportation Proceeding (February 2020)

In a February 2020 decision, our firm successfully prevailed on our Motion to Terminate Deportation Proceeding in Immigration Court despite the Department of Homeland Security’s opposition.

  

Our client was placed in removal proceedings for multiple misdemeanor and felony convictions involving grand theft in violation of California Penal Code § 484/487(a). Because these convictions are considered Crimes of Moral Turpitude, Immigration law rendered the client deportable. Our office represented the client to vacate the criminal convictions based on violations of our client’s constitutional rights and due process under the law, pursuant to California Penal Code §1473.7.

 

Our attorneys then moved the Immigration Court to terminate the removal proceedings because our client no longer had the criminal convictions that rendered the client deportable. The Department of Homeland Security vehemently opposed our Motion and submitted a considerably lengthy brief citing Matter of Thomas and Thompson, 27 I&N Dec at p. 683. as its principal authority, wrongfully asserting that CA Penal Code §1473.7 did not effectively eliminate immigration consequences of criminal convictions, rendering the client deportable. 

Our firm worked aggressively to advance further legal arguments in our reply brief to the Immigration Court and successfully obtained the Court’s approval, granting our request to terminate removal proceedings over the government’s opposition. California Penal Code §1473.7 remains an effective vacatur to eliminate immigration consequences in cases where the immigrants’ constitutional rights were violated.   

The firm is very pleased to successfully defend CA Penal Code §1473.7 validity in Immigration Court with respect to immigration law. The firm strongly believes that when a person’s constitutional rights were violated during a criminal proceeding, the vacated conviction should not be considered unfavorable against the immigrant.