People v. Gastelum CA2/6

FACTS

In March 1994, Gastelum pled no contest to possession of marijuana for sale - a felony. There is no reporter's transcript of that proceeding. He was placed on three years' probation on condition that he serve 180 days in county jail. Gastelum is not a United States citizen. In May 1994, the United States Immigration and Naturalization Service (INS) issued him an immigrant visa in El Paso, Texas. Gastelum successfully completed probation. In 1999, upon his application, the trial court allowed him to enter a not guilty plea and dismissed the charge pursuant to section 1203.4. The conviction was consequently "expunged from his record," but this has "no effect on the federal immigration consequences of his conviction." (People v. Martinez (2013) 57 Cal.4th 555, 560.) In 2013, Gastelum filed a motion to vacate his 1994 no contest plea "pursuant to California Penal Code § 1016.5." He claimed he was not properly advised of the immigration consequences of that plea. He attached an INS letter dated August 30, 1994, indicating that because of his 1994 conviction he was subject to deportation as a non-citizen. In 1996, he was denied permission to enter the United States.…