Villa

Avelino Ceja Villa, a lawful resident alien, pleaded guilty to a felony in this state in 1989 and served a three-year period of probation. Now, many years later, he is facing removal from this country by federal immigration authorities, allegedly because of his 1989 conviction. In a companion case, we address whether, and to what extent, persons in similar situations are entitled to have their guilty pleas vacated by a writ of error coram nobis. (People v. Kim (2009) 45 Cal.4th 1078 [ 90 Cal.Rptr.3d 355 , 202 P.3d 436 ].) In this case, we hold that because Villa is no longer in California custody as a result of his 1989 conviction, but is instead in federal custody in another state, he is ineligible for relief by way of a writ of habeas corpus. In suggesting otherwise, the Court of Appeal erred.

Facts

Villa resides in this country but is not a United States citizen; he is a citizen of Mexico. He applied for lawful permanent resident status in 1987, under a federal amnesty program. In 1989, while his residency application was pending, he pleaded guilty in Alameda County Superior Court to violating Health and Safety Code section 11351, possession of cocaine for sale. As a…