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Immigration

Apr. 25, 2023

2 men declared factually innocent under new law

The law was originally enacted in 2017 to stop immigration deportations after a conviction was overturned, but it was amended in 2021 to extend the same provisions to those who had cases overturned and have evidence of innocence.

Using a new law, a Los Angeles County judge declared factually innocent two men whose attempted murder convictions were overturned in 2020, after witnesses recanted their stories.

Eric Dubin, a lawyer for one of the men, said this was the first time anyone has been found factually innocent under California Penal Code 1473.7(a), a 2021 law that allows for a declaration of innocence using evidence that was unavailable at trial.

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