California v. Jung
Annotate this CaseEun Sung Jung appeals from an order denying her two motions to vacate plea and conviction pursuant to Penal Code section 1473.7. Jung was born in South Korea and brought in 1998 (at age three) by her parents to the United States as a nonimmigrant visitor and has continuously lived in this country since then. She was not a United States citizen and did not have permanent resident status. In 2014, Jung was charged with one count each of second degree commercial burglary, obtaining drugs by a forged prescription, possession of a controlled substance, misdemeanor possession of controlled substance paraphernalia, and misdemeanor identity theft with intent to defraud. A second felony complaint, filed in Orange County Superior Court in March 2015 charged Jung with two counts of felony identity theft, and one count each of sale or transportation of a controlled substance, possession for sale of a controlled substance, misdemeanor receiving stolen property, and misdemeanor possession of controlled substance paraphernalia. Striking a plea bargain, Jung was sentenced to 180 days in jail and three years of probation. On plea forms, she initialed a provision implicating she understood the immigration consequences of her pleas. In January 2016, Jung was released from jail and entered the custody of Immigration and Customs Enforcement (ICE). In May 2016, Jung, through retained counsel, filed motions pursuant to Penal Code sections 1016.2 and 1016.3 to set aside her convictions, filing petitions for habeas relief. Jung's habeas petition averred she did not ascertain the immigration consequences arising from her guilty pleas to the criminal charges against her in Orange County. After review of order denying her motions to vacate the pleas, the Court of Appeal determined Jung was entitled to relief under section 1473.7: Jung met her burden of proof by submitting her own declaration and a declaration from her then trial counsel showing that, at the time of the pleas, she did not meaningfully understand the adverse immigration consequences of pleading guilty and would not have pleaded guilty if she did. Furthermore, the Court determined Jung’s earlier petitions for writ of habeas corpus, which alleged ineffective assistance of counsel, did not bar Jung from seeking relief under section 1473.7 once she was no longer in criminal custody.
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