Tooby's California Post-Conviction Relief for Immigrants

(D)

Other relief.  A gubernatorial pardon will eliminate immigration effects of a crime involving moral turpitude, or an aggravated felony.[32]  Destruction of marijuana records under Health & Safety Code § 11361.5 might prevent the DHS from proving a conviction if the agency has no other formal record, or even if it does.[33]  Various means to officially reduce sentence will be given immigration effect and aid in cases where length of sentence imposed is determinative.[34]  Sealing juvenile court records may be useful to prevent authorities from obtaining evidence to use to exclude an immigrant, even though no "conviction" can result from juvenile proceedings.

[32] See § 10.65, infra.  See also Brady, § 8.54.  This relief is grounded on federal statute, and so should not be affected by the reasoning in Matter of Roldan, Int. Dec. 3377 (BIA 1999)(en banc).  INA § 237(a)(2)(A)(v), 8 U.S.C. § 1227(a)(2)(A)(v).

[33] See § 10.62(D)(2), infra; Brady, § 8.53.

[34] See Chapters 8 and 9, infra; Brady, § 8.51 and Chapter 5.