Padron

INTRODUCTION

Misael Padron appeals the denial of his motion under Penal Code section 1473.7 to vacate his conviction for carjacking pursuant to a no-contest plea. 1 Padron had served his three-year sentence, and he explained in his motion that he was born in Cuba, moved to the United States, and was granted asylum due to persecution by the Cuban government. Padron provided evidence that when he entered his plea, he suffered from mental health challenges relating to his persecution, and that he did not understand his conviction qualified as an aggravated felony and carried mandatory immigration consequences. These included automatic detention, denial of naturalization, and near-certain termination of asylum and deportation. The superior court denied Padron’s motion, in part, because he did not provide a declaration from his defense counsel at the time of his plea. The court also stated Padron signed a standard plea form acknowledging he “must expect” to be deported if he was not a United States citizen, and that there was no alternative, immigration-neutral plea available to Padron. We conclude Padron demonstrated error affecting his ability to “meaningfully understand, defend…