Has the respondent been convicted of any crime — even from years ago, even one that was reduced or expunged?
Cancellation of removal is barred by aggravated felonies under INA § 101(a)(43), crimes involving moral turpitude (CIMTs) under § 212(a)(2)(A), and any conviction triggering INA § 240A(b)(1)(C). California Proposition 47 reductions (felony-to-misdemeanor) and Penal Code § 1473.7 vacaturs are the two most powerful post-conviction tools available — but they require a criminal-defense attorney working in coordination with us, often years after the original plea.
Context & Examples
Real example — Hector, Stockton. Hector pled guilty to a 2009 PC § 459 second-degree burglary — a felony. In 2022 he was placed in removal proceedings. The conviction was a categorical aggravated felony bar. We coordinated with a criminal-defense colleague to file a § 1473.7 motion to vacate based on Padilla v. Kentucky immigration-advisal failure — Hector's 2009 attorney never warned him about removal consequences. The vacatur was granted in 2023. We re-pled the same day to PC § 484 petty theft — not a CIMT under California's divisible-statute analysis. Cancellation granted.
Horror story — same Stockton court, no attorney coordination. A pro se respondent in 2021 had the same 2009 burglary. He hired a low-bid removal attorney who never screened the post-conviction options. Aggravated felony bar applied. Cancellation denied. Appealed to BIA, lost. Appealed to Ninth Circuit, lost. Deported 2023 with permanent reentry bar.
Why an attorney is essential: Removal defense without post-conviction relief expertise is malpractice in California. Half our wins live or die on the criminal-defense work that happens parallel to immigration court.
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