Six months ago, the Supreme Court in People v. Vivar (2021) 11 Cal.5th 510 vacated a conviction that led to the defendant’s deportation in 2003, 40 years after he was brought to the U.S. as a six-year-old. The court held the action was necessary because the defendant, Robert Vivar, misunderstood the immigration consequences before he opted to plead guilty to a crime that required deportation instead of to a crime that the court described as “deportation-neutral.”
According to multiple reports, Mr. Vivar legally returned to the U.S. yesterday. After Vivar’s conviction was vacated, his attorneys convinced county prosecutors not to bring new charges and convinced the Board of Immigration Appeals to undo the deportation order and restore his permanent legal resident status.
See:
Kate Morrissey in the San Diego Union-Tribune — “Activist for deported veterans allowed back to U.S. after nearly 2-decade fight”
Gustavo Solis for KPBS — “Deported father reunites with son on Veterans Day”
Salvador Rivera for Fox — “Ambassador for deported veterans in Mexico finally gets to come home to U.S.”
Kelly Hessedal for CBS8 — “ ‘Dad, welcome back to the United States’ | Family reunited with veteran after he was deported 20 years ago”
