Sammy was convicted of insurance fraud when he was 21 years old and a Legal Permanent Resident. He received a sentence of probation with restitution. At the time he accepted the guilty plea, Sammy had only been in the United States for a few years after escaping Iran due to the Iranian’s government’s persecution of him and his family based on their religion. Now, at 30 years old and about to start a new family, the U.S. Immigration and Customs Service (ICE) notified him that they were beginning removal proceedings to deport him from the United States based on his prior insurance fraud conviction years qualifying as an aggravated felony under the immigration laws.
Mr. Khojayan filed a motion to vacate Sammy’s prior conviction pursuant to California Penal Code §§ 1016.5 and 1473.7 based on his inability to understand the adverse immigration consequences of his guilty plea. Sammy had not been advised by his prior counsel or the court of the adverse immigration consequences.The DA and Court were convinced to grant the motion to vacate and, later, dismiss the case entirely. Sammy and his family were elated with the result: “Shaun you are my hero!”
