What is the test for a motion to vacate a criminal conviction under section 1203 of the Immigration Code?
California, United States of America
The following excerpt is from People v. Salazar, A152238 (Cal. App. 2018):
On August 15, 2011, defendant filed a motion to vacate his convictions. He argued (1) that his counsel provided ineffective assistance by failing to advise him that deportation was "virtually mandatory," citing Padilla v. Kentucky (2010) 559 U.S. 356; (2) that the court should vacate his conviction "in its discretion and the interest of justice" under section 1203.4;2 and (3) that he was not properly advised of the immigration
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