P. v. Foster
In April 2007 Vicente Liboon Foster pleaded guilty to assault with a deadly weapon in violation of Penal Code section 245, subdivision (a)(1).[1] The remaining charges were dismissed, and the court sentenced Foster to three years in state prison. In September 2008 Foster was released by the California Department of Corrections and Rehabilitation and detained by the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement, on an immigration detainer. Deportation proceedings commenced as a result of Foster's assault with a deadly weapon conviction. In January 2009 Foster filed a motion to vacate the judgment on the ground the trial court failed to properly advise him under section 1016.5 of the possible immigration consequences. The court denied the motion.
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