Another victory for our client under CA PC 1473.7: Child Endangerment

Another victory for our client under CA PC 1473.7: Child Endangerment

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At a critical juncture in her life, our client faced the imminent threat of being removed from the United States. Despite being a lawful permanent resident (LPR), her journey toward US citizenship took an unexpected turn. A conviction from 2011 for violating PC 273A(A) (Child Endangerment) emerged as a formidable obstacle. Unbeknownst to her then, this conviction became a roadblock to her American dream.

Upon applying for US citizenship, she successfully navigated the rigorous exam, and the prospects seemed promising. However, the shadow of the 2011 conviction cast doubt on her aspirations. USCIS (United States Citizenship and Immigration Services), upon discovering the conviction, not only denied her citizenship application but also escalated the situation by issuing a Notice to Appear (NTA), initiating removal proceedings.

Faced with the looming threat of deportation and the prospect of being separated from her family and extensive ties built over the years, she sought our assistance. The challenges were formidable; the immigration court seemed to offer no relief. The stakes were high, and time was of the essence.

We swiftly took action and prepared a motion to vacate her prior conviction under PC 1473.7. The crux of our argument rested on the premise that she was not adequately informed of the immigration consequences when pleading guilty. Crucially, she was unaware that her conviction carried the weight of both a crime involving moral turpitude (CIMT) and an aggravated felony, rendering her ineligible for most forms of relief from removal.

Our motion not only presented compelling legal arguments but also highlighted her positive equities as an individual. Upon filing with the court, negotiations with the prosecutor’s office ensued. Through persistent and strategic discussions, we secured an immigration-safe plea. The culmination of these efforts resulted in the judge granting our motion, effectively vacating her conviction. In a pivotal moment, she pleaded guilty to a misdemeanor immigration-safe charge.

With this significant legal victory, she reentered immigration court with renewed prospects. Her proceedings were terminated as she was no longer deemed removable. The successful motion under 1473.3 not only spared her from deportation but also paved the way for her to remain in the US and pursue her ultimate goal – becoming a US Citizen. We take pride in being instrumental in this life-changing journey, navigating legal complexities to secure a brighter future for our client.

Contact Kannan Law if you have questions about immigration to the United States.