Post-Conviction Relief for Immigrants

In People v. Superior Court (Zamudio), [38] the California Supreme Court held that a motion to vacate the conviction for a violation of Penal Code § 1016.5 has no specific time limit, but is based on the doctrine of laches, which the government bears the burden to prove.  The Court found that a § 1016.5 motion is timely “if brought within a reasonable time after the conviction actually ‘may have’ such [immigration] consequences.”[39]

            This precedent may be followed in other states with similar statutes requiring the court in which a plea is entered to advise the defendant of the possibility of adverse immigration consequences.

[38] People v. Superior Court (Zamudio), 23 Cal.4th 183, 204 (2000).

[39] Ibid.