Reclaiming Hope: A Triumph Over 1473.7
Reclaiming Hope: A Triumph Over 1473.7
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Imagine being torn away from your family and forced to build a life in a foreign land, all because of a felony conviction that carried severe immigration consequences. This was the harsh reality for our client, a lawful permanent resident (LPR) who faced the devastating aftermath of a 2004 arrest for violating HS code 11379(a) (Transportation of a Controlled Substance).
The consequences were swift and brutal – deportation from the US and the heart-wrenching separation from his family. As the years unfolded, his children, US Citizens, experienced pivotal moments without their father by their side. The toll on his wife’s health, navigating the San Diego to Tijuana border for visits, painted a poignant picture of the sacrifices made in the pursuit of family unity.
Determined to mend the shattered pieces of his life, our client sought answers. Could he ever return to the US lawfully and reunite with his family? This question marked the beginning of a journey toward redemption and reunification.
Upon delving into his case, we unearthed a critical detail – the 2004 conviction was deemed an aggravated felony, carrying the gravest immigration consequences. What compounded the injustice was his revelation that he was never informed of the immigration repercussions by his attorney during the plea process.
Undeterred, we embarked on a meticulous legal strategy. A motion to vacate the conviction under PC 1473.7 became our instrument of justice. Augmented by our client’s heartfelt declaration, attesting to the lack of proper advice regarding the immigration implications, and bolstered by evidence showcasing his positive character, we presented a compelling case to the prosecutor and the court.
With the motion filed, negotiations with the prosecutor ensued. To our satisfaction, the prosecutor submitted our motion without opposition. The judge, recognizing the merits of our client’s case, granted the motion, leading to the complete vacation of the conviction.
In the wake of this legal triumph, our client now stands at the threshold of a new chapter. With the conviction nullified, he can pursue a motion to reopen and terminate proceedings in immigration court. The dream of restoring his LPR status and the possibility of reuniting with his family in the US now shines on the horizon.
The saga of 1473.7 is not merely a legal victory; it’s a testament to resilience, the enduring power of family bonds, and the pursuit of justice against all odds. As we celebrate this triumph, we invite others facing similar challenges to step forward. Your story, too, can be one of reclamation, hope, and the pursuit of a brighter future.
Contact Kannan Law if you need legal representation.