Tooby's California Post-Conviction Relief for Immigrants

(E)

Pleading To A Different Offense That Does Not Carry Immigration Consequences.  For example, after a conviction for possession of a firearm has been vacated, the prosecution may be willing to accept a plea to another offense which does not carry immigration consequences.  A non-turpitudinous offense can be substituted for an offense that involves moral turpitude or accessory after the fact to a drug offense for the original drug offense.  It may be possible to negotiate a change in the apparent date of commission of the offense, or the date of conviction of the offense, in order to avoid certain immigration effects that depend on the timing of the commission or conviction, for example, so that the offense is no longer “committed” within five years of entry.[21]

[21] 8 U.S.C. § 1227(a)(2)(A)(i)(I).