Filed 2/22/23 P. v. Rolon CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, E077799 v. (Super.Ct.No. FVA024272) BLANCA ALMA ROLON, OPINION Defendant and Appellant. APPEAL from the Superior Court of San Bernardino County. Jon D. Ferguson, Judge. Reversed with directions. Rachel Varnell, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Collette C. Cavalier, Kathryn Kirschbaum and Ksenia Gracheva, Deputy Attorneys General, for Plaintiff and Respondent. 1 In 2005, Blanca Alma Rolon pled guilty to possession of pseudoephedrine with intent to manufacture methamphetamine. (Health & Saf. Code, former § 11383, subd. (c)(1); see id., § 11383.5, subd. (b)(1).) In 2021, Rolon filed a motion pursuant to Penal Code section 1473.7 to vacate her conviction as “legally invalid due to prejudicial error damaging [her] ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences.” (Pen. Code, § 1473.7, subd. (a)(1); unlabeled statutory citations are to this code.) The trial court denied Rolon’s section 1473.7 motion. We conclude that Rolon has demonstrated a reasonable probability that she would have rejected the plea had she correctly understood its immigration consequences, and we accordingly reverse. BACKGROUND Rolon was born in Guatemala, attended school only through the sixth grade, came to California at age 18 in 1987, and married Longinos Rolon, a United States citizen, that same year. They have been married for 35 years and have four children, all of whom are United States citizens. Rolon’s parents and siblings are also all United States citizens. After she got married, Rolon applied for permanent residency and received a green card bearing her name and photograph. On December 23, 2001, Rolon returned from a trip to Tijuana with her two nephews and presented the green card at the San Diego port of entry vehicle crossing. The border agent informed Rolon that the green card was not hers but rather had been issued to her twin sister, who is also named Blanca and also shares the same middle 2 initial. On the basis of that incident, Rolon was issued a notice to appear before the Executive Office for Immigration Review in San Diego. The notice to appear alleged that Rolon was subject to removal for having presented a resident alien card, not lawfully issued to her, as her own (8 U.S.C. § 1182(a)(6)(C)(i)), knowingly attempting to smuggle two minor children (Rolon’s two nephews) into the United States (8 U.S.C. § 1182(a)(6)(E)(i)), and attempting entry into the United States without possessing a valid entry document (8 U.S.C. § …
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