In People v. Manzanilla (2022), Mr. Manzanilla pled guilty in 2014 to a misdemeanor violation of Penal Code section 273.5 (corporal injury to a spouse) and was sentenced to 365 days in jail. Unbeknownst to Mr. Manzanilla, under federal immigration law, this sentence made him an aggravated felon subjecting him to mandatory deportation. Seeking to vacate the conviction to avoid deportation Mr. Manzanilla filed a penal code section 1473.7 motion in the Los Angeles Superior Court. The lower court denied the petition and the Court of Appeal reversed. The appellate court held that the defense counsel failed to advise the defendant that his plea would subject him to mandatory deportation and observed that the defense counsel failed to seek an immigration-safe plea. Finally, it was recognized that Mr. Manzanilla’s attorney’s conduct caused Mr. Manzanilla’s misunderstanding that he would face mandatory deportation if he pled.
Keep in mind that the consequences of immigration crimes is a rapidly changing field, where developments are difficult to predict. The website in this article is intended to be an informational guide and is not a substitute for up-to-date, independent research on the immigration consequences of any offense and competent legal advice. If you would like legal advice regarding your specific situation, please call now to schedule a consultation.
Note that the immigration consequences of crimes is a fast-changing field, where developments are difficult to predict.
This website is meant to be an informational guide and is not a substitute for independent, up-to-date research into the immigration consequences of any offense and competent legal counsel. If you would like legal advice regarding your specific situation call now to schedule a consultation.