Dejesus

*1127 Nicolas DeJesus (DeJesus) appeals an order denying his motion to vacate and withdraw his 2016 plea of no contest to assault with a firearm. ( Pen. Code, § 245, subd. (a)(2).) 1 He contends that although his trial attorney advised him of the immigration consequences of his plea, he rendered ineffective assistance of counsel by refusing to try his case, failing to investigate the facts, and failing to negotiate an immigration-neutral disposition. (§ 1473.7, subd. (a)(1).) We conclude that DeJesus's plea was not legally invalid as he does not offer sufficient evidence of a prejudicial error which damaged his ability to defend against the adverse immigration consequences of his plea. ( Strickland v. Washington (1984) 466 U.S. 668 , 688, 104 S.Ct. 2052 , 80 L.Ed.2d 674 ; People v. Camacho (2019) 32 Cal.App.5th 998 , 244 Cal.Rptr.3d 398 ( Camacho ).) Furthermore, based upon DeJesus's custodial status, he is not eligible for relief under the statute. We therefore affirm.

BACKGROUND

DeJesus immigrated from the Philippines in 1992 and is a permanent legal *844 resident. He is married to a United States citizen and is a father to seven children, all United States citizens.

On June…