People v. Ayala CA2/6

discussion at the conclusion of that hearing, prosecutors noted that there was a “border patrol hold” on Ayala. Prosecutors subsequently added a charge of vehicular manslaughter (§ 192, then-subd. (c)(3); count 3) to the two charges in the complaint. They reached a plea deal with Ayala two months later. Before accepting the plea, the trial court asked Ayala if he was a United States citizen. He said that he was not. The court then asked if Ayala “underst[oo]d that if [he was] convicted . . . that [his] conviction may result in exclusion from the country, deportation, and denial of citizenship.” Ayala said that he understood. He also said that he had spoken with his attorney about the case. He then pleaded no contest to counts 2 and 3, and the court dismissed count 1. Twenty-eight years later, Ayala—purportedly then in federal custody and immigration removal proceedings—moved to vacate his convictions pursuant to section 1473.7, claiming that plea counsel2 “did not properly inform [him] of the immigration consequences that would accompany [his] plea.” Nor did Ayala “recall speaking about the immigration consequences” of his plea with counsel or about the fact that “he was not a…