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8 California opinions name it 1 courts 2012–2016 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Aguilargreen2 sentences2016“Padilla does not require states to provide an avenue for noncitizens to challenge their convictions based on an erroneous immigration advisement when no other remedy is presently available.” ( Shokur, supra, at p. 1405 ; see Aguilar, supra, at p. 74 [same].) Neither Padilla nor California authorities “require a nonstatutory motion safety net to provide a remedy when other remedies through which relief might have been obtained are no longer available.” ( Shokur, supra, at p. 1401 ; Aguilar, supra, at p. 73 [Padilla does not support an argument “that an unlabelled nonstatutory motion affords [a 2016“Padilla does not require states to provide an avenue for noncitizens to challenge their convictions based on an erroneous immigration advisement when no other remedy is presently available.” ( Shokur, supra, at p. 1405 ; see Aguilar, supra, at p. 74 [same].) Neither Padilla nor California authorities “require a nonstatutory motion safety net to provide a remedy when other remedies through which relief might have been obtained are no longer available.” ( Shokur, supra, at p. 1401 ; Aguilar, supra, at p. 73 [Padilla does not support an argument “that an unlabelled nonstatutory motion affords [a | 2 | 3 |
People v. Shokurgreen2 sentences2015“Padilla does not require states to provide an avenue for noncitizens to challenge their convictions based on an erroneous immigration advisement when no other remedy is presently available.” (People v. Shokur, supra, at p. 1405 ; see also People v. Aguilar, supra, at p. 74 [same].) Neither Padilla nor California authorities “require a nonstatutory motion safety net to provide a remedy when other remedies through which relief might have been obtained are no longer available.” (People v. Shokur, supra, at p. 1401 ; People v. Aguilar, supra, at p. 73 [Padilla does not support an argument “that a 2015“Padilla does not require states to provide an avenue for noncitizens to challenge their convictions based on an erroneous immigration advisement when no other remedy is presently available.” (People v. Shokur, supra, at p. 1405 ; see also People v. Aguilar, supra, at p. 74 [same].) Neither Padilla nor California authorities “require a nonstatutory motion safety net to provide a remedy when other remedies through which relief might have been obtained are no longer available.” (People v. Shokur, supra, at p. 1401 ; People v. Aguilar, supra, at p. 73 [Padilla does not support an argument “that a | 1 | 5 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Fosselman
green
1 sentence2016(Compare People v. Fosselman (1983) 33 Cal.3d 572, 582-583 .) His claim is that, in receiving advice from his counsel, he did not get adequate advice or that he was misadvised concerning the immigration consequences of his plea. | 1 | 2016–2016 |
People v. Mbaabu
green
2 sentences2013Even if, in an abundance of caution, his claim could have been treated as a petition for writ of habeas corpus and examined on the merits (see Mbaabu, supra, 213 Cal.App.4th 1139, 1148 ), the claim still fails. 2013Even if, in an abundance of caution, his claim could have been treated as a petition for writ of habeas corpus and examined on the merits (see Mbaabu, supra, 213 Cal.App.4th 1139, 1148 ), the claim still fails. | 1 | 2013–2013 |
Padilla v. Kentucky
green
1 sentence2012(Padilla v. Kentucky, supra, 559 U.S. at p. _ [ 130 S.Ct. at p. 1482 ].) Contrary to defendant’s interpretation, Padilla does not require states to provide an avenue for noncitizens to challenge their convictions based on an erroneous immigration advisement when no other remedy is presently available. | 1 | 2012–2012 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.