People v. Vasquez CA2/8

INTRODUCTION

In 2019, appellant Alvaro Alexis Vasquez filed a motion to vacate his 2005 conviction for robbery, as he was currently facing deportation proceedings due to the conviction. He claimed he did not understand the adverse immigration consequences of pleading no contest in 2005 because he was not a “fluent English speaker” and did not have a Spanish interpreter present at the hearings. The trial court denied the motion without prejudice. In 2020, appellant filed his second motion to vacate the 2005 conviction. He claimed to have new evidence in support of his motion. After argument, the trial court found appellant’s new evidence was insufficient, and denied the second motion with prejudice. Appellant appeals from the order denying his second motion. We find appellant’s arguments unavailing and affirm the trial court’s order.

FACTUAL AND PROCEDURAL BACKGROUND

I. 2005 Conviction for Robbery Appellant was born in El Salvador. In 1997, he moved to the United States when he was 11 years old. On May 18, 2004, appellant, then 18 years old, acquired his status as a legal permanent resident in the United States. One year later, on May 19, 2005, the People filed a felony…