Many people do not realize that a conviction for a low-level offense such as petty theft, shoplifting, or non-violent drug possession can trigger a deportation order, even for lawful permanent residents (LPRs). These individuals may have had status in the United States for years, families, U.S. citizen children, and may not have any memories of their country of birth. A minor criminal conviction that may have no long-term consequences for a U.S. citizen can become a life sentence for someone who only has legal residency.   ​

Depending on the conviction, immigration judges may not have the discretion to grant relief from deportation, regardless of mitigating factors in the case – including misdemeanor convictions in many cases. For lawful permanent residents whose convictions effectively make them ineligible for any immigration relief from deportation, vacating the criminal conviction may be the only chance they have to remain in the United States. ​

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While the California Legislature passed section 1473.7 of the Penal Code in 2017, allowing more individuals to seek post-conviction relief , significant barriers remain. ImmDef's PCR team sees each case as an opportunity to defend and advance the rights of noncitizens navigating the immigration process. To that end, we look for and pursue opportunities to refine, clarify, and extend the law, as we recently demonstrated in People v. Manzanilla, where a California Court of Appeal issued a published decision clarify key legal issues that impact noncitizens seeking to vacate immigration-adverse convictions.