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Immigration Law and Vacating a Plea

By Walin & Klarich

People v. Akhile For those considering filing a motion to vacate a plea based on Penal Code Section 1016.5, familiarity with this case is a must. In the above case, Appellant is a Native of Nigeria who entered the United States on a Tourist Visa and never left. In February of 1992, Appellant plead guilty to grand Theft and Embezzlement. The Trial Court sentenced him to two years state prison. Deportation proceeding began in 1993 and the Board of Immigration Appeals affirmed his deportation based on the 1992 conviction. Appellant argued that he did he was never aware of the immigration consequences of his plea. Upon review, the record reflected that the Trial Court informed the Appellant of the immigration consequences at arraignment but not at the time of the plea...continue to full post

Full post as published by Southern California Criminal Defense Blog on November 13, 2008 (boomark / email).