Immigration consequences can forever change the trajectory of someone’s life. For non‑citizens accused of crimes, even a single plea error can lead to deportation, denied naturalization, and lengthy separation from family. Thanks to the sharp work of The Nieves Law Firm legal defense team in Oakland, one client avoided that fate.
In this case, the client faced a prior conviction under Penal Code § 288, which, due to insufficient advisement at plea time, carried harsh immigration consequences. The Nieves Law Firm filed motions under PC 1016.5 and PC 1473.7, proving that the client was not properly advised about those risks. Instead of pursuing a full retrial, the firm negotiated an immigration‑safe resentencing, allowing for cancellation of deportation proceedings, immediate release from ICE detention, reunification with family, and preservation of eligibility for naturalization.
California Penal Codes 1016.5 & 1473.7
To appreciate how this outcome was possible, it helps to understand two California statutes designed to protect people in this very situation.
- Penal Code § 1016.5 requires that, before accepting a plea of guilty or no contest to any non‑infraction crime, courts must advise non‑citizen defendants that the conviction may result in deportation, exclusion from admission to the U.S., or denial of naturalization.If that warning isn’t given, the defendant has the right to move to vacate the plea.
- Penal Code § 1473.7 is the post‑conviction remedy that allows individuals whose convictions are causing adverse immigration consequences—or could—because of inadequate advisement to ask the court to vacate the conviction (or sentence) and withdraw the plea. The law does not require proof of ineffective assistance of counsel in all such cases—what matters is whether the defendant did not meaningfully understand or was prejudiced by the lack of proper advisement.
Prior PC 288 Conviction, No Immigration Warning
The client had pled guilty under PC 288 (a statute involving sexual abuse of minors) years ago. At that time:
- The court did not provide the advisement required under PC 1016.5 regarding immigration consequences.
- The client did not understand that pleading guilty might lead to deportation or interfere with naturalization.
- As time passed, immigration authorities began deportation proceedings based on that conviction.
Faced with the risk of being removed from the U.S., denied naturalization, and separated from loved ones, the client sought legal help.
How The Nieves Law Firm Legal Defense Team in Oakland Achieved Resentencing
The Nieves Law Firm took these important steps:
- Filing Motions under PC 1016.5 & PC 1473.7
The team filed a PC 1016.5 motion showing that the required immigration advisement at the time of plea was not given. They also filed a § 1473.7 motion arguing that the conviction should be vacated or modified because the defendant did not meaningfully understand immigration consequences at plea time. - Proving Prejudice
Under PC 1473.7, it was essential to show the error was “prejudicial” — in this context, meaning that the client would not have pled guilty (or would have pled differently) if the risk of immigration consequences had been properly explained. - Negotiating an Immigration‑Safe Resentencing
Instead of seeking a full retrial, the Nieves Law Firm negotiated resentencing in a way that satisfied both the court and prosecutors, avoiding deportation and facilitating the client’s immediate release from ICE detention. - Result
- Deportation proceedings cancelled
- Client released from immigration detention
- Family reunification
- Client preserved eligibility for naturalization
- Deportation proceedings cancelled
Why This Result Matters
This case shows how critical the early phase of criminal proceedings is, especially for non‑citizen clients. Some key takeaways:
- Legal advice matters not only about the charges, but about collateral consequences (immigration status, deportation, etc.).
- A faulty plea due to insufficient advisement isn’t always final. Laws like 1016.5 and 1473.7 exist precisely to give defendants a second chance when constitutional requirements weren’t met.
- Avoiding deportation can mean preserving family unity, work opportunities, and access to many legal and civic advantages.
What Others in Similar Circumstances Should Do
If you or a loved one are in a similar position:
- Ask whether you were advised at the time of plea about immigration consequences (i.e. deportation, exclusion, naturalization). If not, you might have grounds under PC 1016.5.
- Determine if you filed your plea as guilty or no contest—both are relevant.
- Explore whether a motion under PC 1473.7 might be possible. Even if you were given some advisement, courts have held that advisement isn’t always sufficient unless the person “meaningfully understood.”
- Find a criminal defense attorney with experience in immigration‑safe sentencing and post‑conviction relief.
About The Nieves Law Firm
The Nieves Law Firm legal defense team in Oakland is well known for:
- Handling criminal defense cases with immigration implications
- Skilled knowledge of California law around pleas, advisement, post‑conviction relief
- Integrated strategy combining criminal law and immigration law when necessary
- Strong record of preserving clients’ rights, keeping families together, and enabling people to pursue naturalization when possible
When a plea lacks the required immigration advisement, the consequences can be harsh—but they don’t always have to be permanent. With the right legal strategy, such as that employed by The Nieves Law Firm, relief is possible. The immigration‑safe resentencing obtained in this case not only spared the client from removal, but also opened a path toward naturalization and reconnection with family.
If you or someone you know is facing criminal convictions that carry immigration consequences, don’t assume there’s no recourse.
Reach out to the The Nieves Law Firm legal defense team in Oakland for a consultation. Your future, and your rights, may still be protected.
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