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Court Finds California Felony Conviction Reclassified as a Misdemeanor Retains Its Immigration Consequences

The Ninth Circuit concluded that the petitioner’s felony conviction for Possession of Marijuana for Sale under California Health & Safety Code §11359 rendered the petitioner removable, even though the conviction had been recalled and reclassified as a misdemeanor under California’s Proposition 64. The court explained that valid state convictions retain their immigration consequences even when modified or expunged for reasons of state public policy.

Another win for Law Offices of Brian D. Lerner

2011 removal order reopened based on 2 convictions that were vacated pursuant to California Penal Code § 1473.7. Because Client is no longer removable from the United States, proceedings were terminated and Client can now renew his permanent resident card and apply for naturalization/citizenship in the future.

Another Win for our Law Office

Naturalization and expungement granted for crime  for Client who can now travel to Canada without any problems.

Another Win for the Law Offices of Brian Lerner

1994 felony forgery conviction reduced to a misdemeanor and expunged despite the DA’s opposition and despite the fact that client had a warrant for his arrest for over 6 years.  Client can now apply for his green card based on his marriage to a U.S. citizen.

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