Opinion No. (1999)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE YOUTH AND ADULT CORRECTIONAL AGENCY has requested an opinion on the following question: Is an alien who is residing in the United States in violation of federal immigration law eligible for a certificate of rehabilitation and pardon? CONCLUSION An alien who is residing in the United States in violation of federal immigration law is not eligible for a certificate of rehabilitation and pardon. ANALYSIS Federal law prohibits aliens from entering the United States without applying for admission. ( 8 U.S.C. § 1101 (a)(4), 1181 (a), 1201 .) While in this country, they are subject to arrest and deportation. ( 8 U.S.C. § 1251 , 1252 , 1351 ; Regents of University of California v. Superior Court (1990) 225 Cal.App.3d 972 , 979 .) We are asked whether an alien who is residing in the United States in violation of federal immigration law is eligible for a "certificate of rehabilitation and pardon." We conclude that he is not. The Legislature has enacted a statutory scheme (Pen. Code, §§ 4852.01 - 4852.21 ) 1 allowing a person, who has been convicted of a felony, to petition for a "certificate of…