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Post-Conviction Relief for Foreign Nationals Convicted in California
Criminal Law Journal - Winter 2020, Volume 20, Issue 1
Credit(s):
1 Legal Specialization in Criminal Law
1 Self-Study Credit
When Penal Code section 1473.7 was first discussed in this Journal in the Fall of 2017, there were only two cases that had considered the statute. There are now, after the third anniversary of the statute being signed into law significantly more. The legislature clearly perceived a need for additional relief, designing the statute to enable defendants, when not advised of the immigration consequences of the plea, and when “other and more traditional collateral relief measures are not available,” to withdraw their pleas. It seems that criminal defense and immigration lawyers are using this statute more often, and more successfully. Given the importance of the immigration issue nationwide, one should expect this to continue; indeed, following the amendment of the statute in 2018, the number of reported cases increased.
1 Legal Specialization in Criminal Law
1 Self-Study Credit
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