PEOPLE v. KIM

No. S153183.

45 Cal.4th 1078 (2009)

THE PEOPLE, Plaintiff and Appellant, v. HYUNG JOON KIM, Defendant and Respondent.

Supreme Court of California.

March 16, 2009.


Attorney(s) appearing for the Case

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Gerald A. Engler, Assistant Attorney General, Eric D. Share, Laurence K. Sullivan and Amy Haddix, Deputy Attorneys General, for Plaintiff and Appellant.

Law Offices of Norton Tooby, Norton Tooby; Law Offices of A.J. Kutchins, A.J. Kutchins; Law Offices of Joel Franklin and Joel Franklin for Defendant and Respondent.

Ralph S. Greer as Amicus Curiae on behalf of Defendant and Respondent.

Immigrant Crime and Justice and Karl W. Krooth for National Immigration Project of the National Lawyers Guild, Inc., as Amicus Curiae on behalf of Defendant and Respondent.

Linda Starr, Paige Kaneb; and Michael Willemsen for Northern California Innocence Project as Amicus Curiae on behalf of Defendant and Respondent. Law Offices of Michael K. Mehr, Michael K. Mehr and Rachael Keast for Immigrant Legal Resources Center, San Francisco Public Defender, UC Davis Immigration Law Clinic, San Francisco Public Defender's Office, South Asian Network and Asian Law Caucus as Amici Curiae on behalf of Defendant and Respondent.

Denise M. Gragg, Assistant Public Defender (Orange), for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Defendant and Respondent.

Trutanich • Michel, C. D. Michel, Brigid Joyce, Joseph A. Silvoso and Erin Eckelman for California Rifle & Pistol Association and Law Enforcement Alliance of America as Amici Curiae on behalf of Defendant and Respondent.


OPINION

WERDEGAR, J.

Defendant Hyung Joon Kim was born in South Korea and entered this country legally with his parents when he was a young child. He has lived in this country as a legal resident for more than two decades but never became a citizen. As a result of his multiple criminal convictions, the federal government now seeks to remove him from the country and return him to South Korea. He petitioned for a writ of error coram...

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