P.

BACKGROUND

Petitioner is a citizen of Mexico. In 1999 he pled guilty in Contra Costa Superior Court Case No. 115050-7MC to a charge of possessing a controlled substance for sale. In 2001 he was convicted in Contra Costa Superior Court Case No. 0014381 of injuring a spouse with a weapon and making criminal threats. He was sentenced on both convictions to 44 months in prison. In 2003, he was deported to Mexico based on these convictions. In July 2005, defendant was arrested in Santa Clara County on charges of possessing methamphetamine and associated paraphernalia, and being under the influence of a controlled substance. He failed to appear for a 2005 hearing. Warrants issued, and in 2007 he was again arrested and charged, in Santa Clara Superior Court Case No, CC597908, with the three 2005 offenses plus falsely identifying himself to a police officer. The Contra Costa convictions were alleged as enhancements. Petitioner pled no contest to all charges and admitted a strike prior and a prison prior. In taking the plea, the court advised him of its potential immigration consequences. On February 8, 2008, the court sentenced him to 28 months in prison. On August 24, 2011, defendant…