People v. Ponce CA2/4

INTRODUCTION

A person who pled guilty to a crime without understanding the negative immigration consequences of doing so may move the court under Penal Code section 1473.7, subdivision (a)(1), to withdraw that plea after release from custody.1 The moving party must demonstrate both contemporaneous ignorance of the adverse immigration consequences of the plea when made, and a reasonable probability that absent such ignorance, the party would not have pled guilty. (People v. Vivar (2021) 11 Cal.5th 510, 529.) The party must also demonstrate that the challenged conviction “is currently causing or has the potential to cause removal or the denial of an application for an immigration benefit, lawful status, or naturalization.” (§ 1473.7, subd. (e)(1).) In 2004, appellant Sergio Ponce pled guilty to one count of violating section 496, subdivision (a) (section 496(a)), for receiving stolen property. He was sentenced to time served (12 days), three years of probation, and 40 days of community service. In 2020, he moved to withdraw his guilty plea, arguing that his conviction constituted an aggravated felony under the Immigration and Nationality Act and would therefore negatively affect…