People v. Romero CA2/6

BACKGROUND

When Romero entered her plea, the deputy district attorney advised that her plea “will result in deportation, . . . exclusion from the country and the denial of naturalization.” (§ 1016.5, subd. (a).) Romero signed a “Felony Advisement of Rights, Waiver, and Plea Form,” and initialed the section of the form stating, “I understand that if I am not a citizen of the United States, I must expect my plea of guilty or no contest will

All further statutory references are to the Penal Code. result in my deportation, exclusion from admission or reentry to the United States, and denial of naturalization and amnesty.” Romero filed a motion to vacate her conviction after Immigration and Customs Enforcement took her into custody. She contended the court did not advise her that the plea would preclude “special forms of relief from removal, including Cancellation of Removal and Asylum . . . .” Romero submitted a declaration stating she is not a citizen of the United States, and would not have entered the plea had the court or her counsel advised her that the plea would subject her to “detention or possible denial of relief, voluntary departure, bar from reentry, and/or any other…