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Immigration » Will a California governor's pardon prevent my criminal history from affecting my immigration status?
You may have read recently about the large number of California governor’s pardons granted at the end of 2016 by Governor Jerry Brown. In fact, Governor Brown has far exceeded his predecessors in the number of pardons he has granted since he assumed office.
We also know that President-elect Donald Trump’s promise to speed up deportations has many immigrants to America worried about their future in this country–particularly those with deportable crimes or inadmissible crimes on their record.
Unfortunately, like many common forms of relief in California, a governor’s pardon will probably not eliminate the immigration consequences of a criminal conviction.
This is because federal immigration law does not recognize post-conviction relief that it considers “rehabilitative.” “Rehabilitative relief” includes governor’s pardons–as well as more common forms of relief like Penal Code 1203.4 PC expungement of criminal records.
The only way to avoid the immigration consequences of a conviction for a deportable or inadmissible crime is to obtain post-conviction relief that is based on a legal defect in the underlying conviction. This could include a successful Padilla motion or a motion to overturn a verdict based on ineffective assistance of counsel.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
Hundreds of thousands of non-citizens face immigration consequences for prior criminal convictions. These consequences affect legal and illegal immigrants alike, and can include deportation, denial of re-entry and denial of the chance for naturalization to the United States. An area of criminal law exists that involves efforts to go back and modify, and sometimes vacate, ...
With President-elect Donald Trump promising mass deportation of immigrants with criminal records, many California residents who are not U.S. citizens and have suffered criminal convictions are (rightly) concerned about their future. But Proposition 64, which legalized recreational marijuana in California, may offer help to those whose convictions were for marijuana-related offenses. Passed by California voters on November 8, ...
Yes. Fresh fears are pervading Las Vegas’s immigrant population as the Las Vegas Metropolitan Police Department (LVMPD) begins training seven more officers to serve as immigration agents at the Clark County Detention Center (CCDC) downtown. These officers will participate in the 287(g) program, which allows law enforcement the right to investigate an arrestee’s immigration status ...