In Santa Clara County Superior Court, Criminal Division:
Yesterday, I was able to have two criminal charges dismissed against my client, on the court's own motion, for P.C. 243 - Battery and P.C. 273.5 Domestic Violence. He first came to our office to inquire about renewing his "Green Card" status as an LPR.
After he told us about his conviction, we were concerned because under INA § 237(a)(2)(E)- he was deportable for his DV conviction. "any alien who at any time after admission is convicted of a crime of domestic violence . . . is deportable."
So we detailed the legal alternatives to him and he chose to retain our office to attempt to vacate his plea. I filed a P.C. 1016.5 Motion with the Court and after two DA Motions and three appearances, was granted.
Then I pled my client's case to the DA and she agreed to dismiss the charges against him because he had already completed the 52-week counseling course, paid his fines, and had not re-offended since his initial arrest. The Court agreed, and on Monday we will be filing the N-400 application for his citizenship. Our client was a happy man, going from one moment being deportable to the next moment becoming a U.S. citizen.