Beta The Briev beta is out. Free on iPhone via TestFlight — install it in under a minute.

Join the beta ↗
Briev
Live
Crime & Justice
UNDERREPORTED

California Supreme Court overturns conviction after finding plea-deal misunderstanding of deportation risk

The California Supreme Court ruled that Angela Hernandez did not truly grasp the immigration fallout of her guilty plea, sending her case back for a new trial.

In a decision issued Thursday, the California Supreme Court held that Angela Hernandez, who had lived in the United States for 19 years, did not meaningfully comprehend that a guilty plea would trigger deportation. Although she signed an acknowledgment form and an interpreter certified its translation, the majority opinion said the procedural safeguards fell short of ensuring real understanding. Hernandez’s 2013 drug convictions led to a brief jail term, after which she obtained probation-department permission to travel to Mexico, only to be stopped at Los Angeles International Airport and placed in removal proceedings.

The court reversed earlier rulings that had dismissed her claim of ineffective counsel, directing the 5th District Court of Appeals to vacate the convictions and return the case for a new trial. The California Department of Corrections and Rehabilitation had argued to uphold the conviction, while public-defender and immigration groups highlighted inconsistent state practices. Justice Carol Corrigan, in a partial concurrence and dissent, urged a more detailed factual inquiry on remand.

Why it matters

The ruling highlights the need for defendants to fully understand immigration risks when accepting guilty pleas.

In this story

plea guiltydeportationimmigration consequencesCalifornia Supreme Courtconviction vacatedprobation travelremoval proceedingsineffective counsel
Get the beta ↗