Tooby's California Post-Conviction Relief for Immigrants

(A)

The Necessary Showing to Obtain Relief.  “To prevail on a motion to vacate under Penal Code § 1016.5, a defendant must establish that (1) he or she was not properly advised of the immigration consequences as provided by the statute; (2) there exists, at the time of the motion, more than a remote possibility that the conviction will have one or more of the specified adverse immigration consequences; and (3) he or she was prejudiced by the nonadvisement. [Citations.]”[332]  "To establish prejudice, the defendant must show that it was reasonably probable he would not have pleaded guilty if properly advised.”[333]

[332] People v. Totari (2002) 28 Cal.4th 876, 884; Zamudio, supra, 23 Cal.4th at pp. 192, 199-200.

[333] People v. Castro-Vasquez (2007) 148 Cal.App.4th 1240, 56 Cal.Rptr.3d 406, 409 (internal quotations and citations omitted), quoting People v. Superior Court (Zamudio) (2000) 23 Cal.4th 183, 210.