Los Angeles Post Conviction Relief Attorney

Los Angeles Post Conviction Relief Attorney



The attorneys at Uribe & Uribe APLC serve clients from all walks of life that are facing adverse immigration consequences as a result of a criminal conviction. Our mission is to provide a zealous aggressive defense for non-citizen defendants facing adverse immigration consequences. These collateral immigration consequences such as denial of an immigration benefit or removal from the United States stemming from a criminal conviction are often the single most important aspect of a non-citizen defendant’s defense against criminal charges brought forth in the Superior Court. The attorneys at Uribe & Uribe APLC recognize that there is a vast community of underserved individuals that must navigate both the California criminal court system as well as the United States federal government’s immigration court system. We are here for them. This website is dedicated to educating non-citizen clients who will or potentially will suffer adverse immigration consequences so that they can avoid those consequences to continue to be productive members of society. If you would like legal advice for your particular immigration-related case or criminal case that may cause adverse immigration consequences please contact Uribe & Uribe APLC to schedule a consultation.

Uribe & Uribe APLC focuses the criminal defense section of its practice on the defense of non-citizen defendants in California Superior Court. The attorneys at Uribe & Uribe APLC are dedicated to putting forth an aggressive defense focused on achieving the client’s desired outcome even if that is avoiding adverse immigration consequences. The reality is that for many non-citizen defendants, the desired outcome in a criminal court matter equates to avoiding adverse immigration consequences as well as defending against criminal allegations to avoid penal consequences.

For non-citizen defendants in criminal court, the collateral consequences associated with how a criminal conviction and sentence will affect one’s immigration status often outweigh the penal consequence associated with the conviction. The United States Supreme Court has recognized that the most serious consequence a non-citizen defendant can face in a criminal proceeding is the immigration consequence attached to the criminal conviction. The reality is that a non-citizen defendant facing criminal allegations has a necessity to not only avoid criminal consequences associated with the conviction but to also avoid adverse immigration consequences such as deportation and removal from the United States. For instance, having a loved one removed from the United States can be devastating to an entire family emotionally as well as financially.

important consideration

Why Seek Post-Conviction Relief?

Why Seek Post-Conviction Relief?

An important consideration for a noncitizen defendant is how a criminal conviction will affect their immigration status which in turn has a direct impact on whether the noncitizen defendant can continue his or her life with their family in the United States. It is for that those reasons the attorneys at Uribe and Uribe APLC take pride in defending noncitizen immigrant clients that are facing serious consequences in immigration and criminal court.

For most people a guilty plea in criminal court entered many years ago is nothing more than a bad memory of a difficult time in one’s past. Criminal convictions for a noncitizen defendant can have much more devastating effects many years after the conviction. Even relatively minor criminal convictions can cause immigrants who have spent the vast majority of their lives in the United States to be placed in removal proceedings in immigration court. In addition to the penal consequences of the criminal conviction, a non-citizen convicted of a felony or misdemeanor may be subject to immigration detention by federal immigration authorities. As a result of a criminal conviction, a noncitizen defendant can be detained for weeks, months, or years in immigration facilities. Unfortunately, these immigration detention facilities are often located hundreds of miles from the detainee’s home and family. Exasperating the situation further most detained noncitizens end up being removed from the United States as a result of removal proceedings initiated against them as a direct result of the criminal conviction or sentence related to that conviction. For instance, a long-time lawful permanent resident of the United States with a decades-old conviction can unknowingly place removal proceedings for affirmatively applying for an immigration benefit such as citizenship as a result of the decades-old conviction on his or her record. This can even be the case even if fines have been paid off and probation has been completed long ago. See our page on Immigration Detention for more detailed information.

Remedies and Immigration Consequences

It has been recognized that the population of the United States includes millions of immigrants who arrived as children, attended schools and found work in the United States. Moreover, it is clear that they have gone on to lead very productive lives ingraining themselves in American society. Whether they become citizens or not, the ties that these immigrants maintain to their communities are evident not only in their work and schooling but in how they’ve formed attachments and families of their own. In contrast, what ties they once had to their country of birth—from which they may lack even memories—often slip away. Accordingly, courts have recognized that when long-standing noncitizen residents of this country are accused of committing a crime, the most devastating consequence may not be a prison sentence, but their removal and exclusion from the United States. See People v. Martinez (2013) Further it is recognized that because the prospect of deportation “is an integral part,” and often even “the most important part,” of a noncitizen defendant’s calculus in responding to certain criminal both the Legislature and the courts have sought to ensure these defendants receive clear and accurate advice about the impact of criminal convictions on their immigration status, along with effective remedies when such advice is deficient. Padilla v. Kentucky (2010) See also Penal Code section 1016.2 as well as Penal Code section 1473.7.

In recognizing the severity of these immigration penalties, and the fact that they derive directly from criminal convictions the California Legislature has enacted legal remedies that can alleviate the adverse immigration consequences caused by an uninformed plea. Immigration consequences of a criminal conviction can include removal, permanent ineligibility for lawful immigration status, extended or indefinite periods of immigration detention, and permanent separation from family members who are United States citizens. This can happen no matter how long you have lived in the United States and no matter how many of your family members are United States citizens. In order to avoid adverse immigration consequences associated with a criminal conviction one must engage counsel that has the knowledge and experience to navigate the dangers of would-be consequences in criminal and immigration court. The attorneys at Uribe & Uribe APLC are experienced in defending non-citizen clients in both immigration and criminal court. If you are a non-citizen defendant facing a criminal conviction it is important to seek competent legal counsel that can assist you in avoiding adverse immigration consequences.

Non Citizen Immigrant Defendants Have Rights

The United States Constitution bestows rights and protections to everyone in the United States regardless of immigration status. It is, for this reason, the United States Supreme Court has found, criminal convictions may have dire consequences under federal immigration law and that such consequences are material matters for non-citizen defendants faced with either taking a plea deal or taking a matter to trial. For instance, one who is deported cannot return to his home and loses his job, his friends, his home, and maybe even his children. That person’s family is left in a situation where they must choose between being separated or uprooting their lives and moving to a foreign country. A noncitizen defendant with immigration concerns, he or she may view immigration consequences as their most important concern. Any adverse consequence having to do with their immigration status would have a profound effect on how they approach a criminal allegation against them. The attorneys at Uribe & Uribe APLC maintain expertise in both immigration as well as criminal defense law so as to help non-citizen defendants avoid harsh penal and immigration consequences resulting from a criminal conviction. The severe consequence of deportation makes it critical to engage with a post-conviction attorney that has experience representing immigrant defendants in both immigration and criminal court.

Penal Code Section 1473.7

Penal Code section 1473.7 provides an opportunity for noncitizens to challenge convictions when a noncitizen defendant fails to meaningfully understand, knowingly accept, or defend against the immigration consequences of a crime.

Penal Code Section 1016.2

Penal Code section 1016.2 maintains legal protections for non citizen defendants in criminal court to avoid adverse consequences in federal immigration court. For instance, the California Legislature has codified the findings.

Penal Code Section 1016.5

The language of California Penal Code section 1016.5 holds that before a court may accept a guilty or no contest plea, the Court must ensure that the non-citizen client has been advised of immigration consequences associated with his or her plea pursuant to Penal Code section 1016.5

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