California, United States of America
The following excerpt is from People v. Morales, B264358 (Cal. App. 2016):
In order to prevail on a motion to vacate pursuant to Penal Code section 1016.5, "a defendant must establish that (1) he or she was not properly advised of the immigration consequences as provided by the statute; (2) there exists, at the time of the motion, more than a remote possibility that the conviction will have one or more of the specified adverse immigration consequences; and (3) he or she was prejudiced by the nonadvisement." (People v. Totari, supra, 28 Cal.4th at p. 884.)
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