Tooby's California Post-Conviction Relief for Immigrants

(B)

Sample Warning by Counsel.  A sample warning of the exact immigration consequences that will flow from a firearms conviction is the following.  Jose has lived in this country as a lawful permanent resident for 30 years, and is married to a U.S. citizen.  He is being offered a plea of guilty to a misdemeanor charge of carrying a concealed weapon in violation of Penal Code § 12025.

            He should be told:

            "If a noncitizen enters a plea to a firearms charge, even if he or she is a permanent resident with U.S. citizen relatives who has lived here for 30 years, the conviction will have the following immigration consequences:

"a.  He would become removable without doubt.  (8 U.S.C. § 1227(a)(2)(C).)

"b.  upon removal, his lawful permanent resident status would be revoked.

            "c.  After removal, he would become inadmissible for five years from the United States, i.e., he would be prevented from re‑entering the U.S. on any basis whatsoever unless he can get a waiver of inadmissibility.

            "d.  If he re-enters the U.S. after deportation after being convicted of this offense, he would be subject to arrest for the federal offense of illegal reentry after deportation, and could be sentenced to federal prison for up to 10 years.  8 U.S.C. § § 1326(b)(3), (4).

            "These adverse immigration consequences will happen.  Once convicted of this offense, no other result could occur for this defendant, unless s/he qualifies for the limited form of relief in immigration court called 'cancellation of removal,' and is granted this discretionary relief from removal.  8 U.S.C. § 1229b."

            PRACTICE TIP.  This process should involve analyzing what immigration relief your client might be or have been eligible for.