People v. Cabrera CA5

FACTS AND PROCEEDINGS

Personal Details Cabrera was born in Mexico in March 1973. He is a Mexican citizen and, at the time of his offense and sentencing, was a lawful permanent resident of the United States. His wife (Sandra) and a younger brother (Gustavo) were codefendants in his criminal case. The record also shows he had a son who was 14 years old in October 2011. Cabrera’s May 2024 declaration in support of his motion to withdraw his plea provides few personal details regarding his family and nothing about his ties to the community. The declaration asserted: “I understood there was a possible deportation but that it was not certain that I would be removed because I was a lawful permanent resident, and I was here with my family and children, and since I had been here a long time, I could stay.” The declaration did not identify his family members, did not state how long he had been in the United States, and did not state when he became a lawful permanent resident. Cabrera’s motion included factual details that were not supported by the record. For example, the motion asserted he immigrated to the United States in 1991, “grew up picking crops in the fields from a very young age…