The Process & Timeline

A § 1473.7 motion is litigation, and good litigation is built, not rushed. Here is how a motion moves through our office and the court, what you’ll need to provide, and how long each stage realistically takes in Southern California courts.

Step 1 — Case review and records (weeks 1–3)

We start with your story: when you came to the U.S., how the case happened, what you remember being told, and what immigration problem has surfaced. Then we gather the paper: the superior court file, the plea form, the reporter’s transcript of the plea if it exists, probation reports, and your immigration record (often via a FOIA request). Old files can take time to locate — some counties archive cases off-site — and occasionally a transcript no longer exists, which itself can become part of the story the motion tells.

Step 2 — Building the motion (weeks 3–8)

The core of an immigration-error motion is your declaration: a careful, truthful account of what you understood at the time of the plea and what you would have done differently. We corroborate it the way People v. Espinoza teaches — with the objective facts of your life then: years in the country, family, work, ties, and the absence of real immigration advice. Where possible we obtain records or a declaration from the original defense attorney. We draft the memorandum, assemble exhibits, and prepare the proposed order with the federal immigration audience in mind.

Step 3 — Filing, the DA, and the hearing (months 2–6)

The motion is filed in the superior court of the county of conviction — we regularly appear in Los Angeles, Orange, Ventura, Riverside, and San Bernardino County courts. The district attorney receives notice and may oppose, take no position, or stipulate; we engage prosecutors early because a stipulated grant can save months. The court sets a hearing. You have a right to be present, but if you are outside the country the court can excuse your appearance for good cause — we handle the courtroom while you participate through your declaration and counsel.

At the hearing the judge weighs the evidence under the preponderance standard and, on an (a)(1) motion, states the basis for the ruling. Some motions are decided the same day; contested ones may be continued for further briefing or testimony.

Step 4 — After the grant (immediately, then months)

When the motion is granted, the judgment is vacated and the plea may be withdrawn. We immediately obtain certified copies of the order — the document every immigration authority will ask for. Then the second track begins: a motion to reopen removal proceedings, a renewed application, or a naturalization filing, depending on your posture. The criminal case itself may be dismissed, resolved with an immigration-neutral disposition, or, rarely, set for further proceedings — we plan for each branch before we ever file.

Realistic total timeline

Most motions run four to nine months from engagement to ruling, driven by three variables: how fast old records surface, the county’s calendar, and whether the DA contests. The immigration steps that follow have their own timelines. What you control is the start date — and because the statute expects reasonable diligence once immigration consequences appear, starting early is both strategy and law.

What it costs

The case review is free and confidential. If we take the case, we quote a flat fee before any work begins, covering the motion through the hearing, and we tell you honestly when we think a motion should not be filed. If the immigration follow-through is part of your plan, we scope and price that with you as well, so there are no surprises mid-case.