People v. Zamudio CA2/1

BACKGROUND

On March 20, 1985, a felony complaint charged Zamudio with one count of sale of a controlled substance (cocaine) in violation of Health and Safety Code section 11352, one count of possession for sale in violation of Health and Safety Code section 11351, and one count of maintaining a place for sale in violation of Health and Safety Code section 11366. Zamudio pleaded guilty on March 20, 1985 to one count of sale, one count of possession for sale, and one count of maintaining a place for sale of a controlled substance (cocaine). The minute order states that Zamudio was “advised of possible effects of plea on any alien or citizenship status.” The trial court sentenced Zamudio to three years of formal probation and service of a 180-day jail term. There is no reporter’s transcript of the hearing at which he entered his plea or of the sentencing hearing. Zamudio applied for legal permanent residence status in 1995. The Immigration and Naturalization Service (INS) denied his application on June 9, 1999, as he was inadmissible as a result of his guilty plea in 1985. In 2000, Zamudio applied for employment authorization, and INS denied his application on December 15, 2000,…